Premises Liability
CHILD EXPOSED TO LEAD-BASED PAINT IN APARTMENT: FAILURE TO MAINTAIN PREMISES: DANGEROUS CONDITION: BRAIN DAMAGE:
Perez v. 2246 Holding Corp., N.Y., Kings Co. Sup., No. 1683/04, Oct. 4, 2007.
Perez, 4, was tested for blood lead concentration five months after the family moved into an apartment. The test revealed his concentration was more than double the accepted toxicity level. A subsequent investigation of the family’s apartment by the city department of health revealed lead-based paint and multiple city code violations. As a result of the lead poisoning, Perez allegedly suffers from brain damage that has impaired his cognitive functions, learning ability, and attentiveness such that he will not be able to complete high school. Perez claimed about $4.52 million in future lost earnings based on a four-year college degree and 47 years in the workforce.
Perez’s mother, on his behalf, filed suit against the building’s two owners, alleging their failure to maintain the premises resulted in a dangerous condition. Plaintiff also alleged violation of the state multiple dwelling law and a local law stating that a landlord of a building constructed before 1960 must presume the building’s paint contains lead and any peeling paint must therefore be removed from areas where children under 7 years of age live. Plaintiff also claimed that a city department of health inspection 10 years earlier uncovered similar violations and therefore put defendants on constructive notice of the present violations.
The jury found one of the defendants 70 percent liable and the other 30 percent at fault. They awarded plaintiff $4.65 million. After defendants moved to set aside the verdict, the court upheld the liability verdict, but reduced the award to $1.38 million.
