Injuries: Lead Poisoning
Facts and Claim of Liability:
Infant plaintiff’s family moved into the subject premises in October of 1999. About six years later, on April 23, 2005, infant plaintiff was born. Over the course of the next year, plaintiff mother took infant plaintiff to see a pediatrician for checkups. All results were normal until March 31, 2006, when a blood lead level test revealed that infant plaintiff’s blood lead level was 26 ug/dL. A couple of days later, plaintiff mother took infant plaintiff back to the pediatrician for more tests. This time, infant plaintiff’s blood lead level measured 16 ug/Dl, and infant plaintiff was diagnosed with lead poisoning.
A couple of days later, the New York State Department of Health visited the subject premises and found that the building (which was built in 1910) had peeling, cracked, and chipping paint. X-ray fluorescence sampling ultimately revealed 11 lead-positive surfaces from 50 samples.
Fitzgerald & Fitzgerald filed suit in New York County Supreme Court, arguing that defendant owners and defendant managing agent of subject premises were careless, negligent, and reckless in the ownership, operation, management, maintenance, repair, care, and control of subject premises in allowing and permitting a dangerous and hazardous condition to be, remain, and exist; in allowing lead paint to become exposed and to flake; in failing to timely make the necessary and proper repairs to the dangerous condition; and in failing to give any adequate warning or other notice of the dangerous condition. Ultimately, Fitzgerald & Fitzgerald settled with defendants for a total of $105,000.00.