Landlord Not Responsible for Lead Paint Exposure
LVT Number: #24829
Tenant sued landlord for damages based on injuries she claimed she suffered as a result of exposure to lead paint as a child in her apartment. The court granted landlord's request to dismiss the case without a trial. Tenant appealed and lost. Tenant had to show that landlord had either actual or constructive notice of the lead paint condition. Based on pretrial testimony, landlord showed that its shareholders lacked actual notice of lead paint in the apartment. They also lacked constructive notice.