Injuries: Lead Poisoning
Facts and Claim of Liability:
In 1986, infant plaintiff’s family moved into the subject premises in the Bronx. Plaintiff mother recalls that when they first moved in, the apartment was in “good” condition, but there was peeling paint in both the living room and the bedroom where she slept with infant plaintiff. Plaintiff mother complained about this condition to the agent of the landlord. Plaintiff mother also recalls that constant water leaks in the ceiling caused the paint to bubble and peel further. Although plaintiff mother complained about these things to the agent of the landlord, no repairs were made.
Infant plaintiff was born on November 28, 1990. From 1991 onward, infant plaintiff received all primary pediatric care at 136 East 183rd Street in the Bronx.
In September of 1995, plaintiff mother took infant plaintiff to a pediatric appointment because infant plaintiff needed a physical done for his school. Infant plaintiff was diagnosed with an elevated blood-lead level (“PbB”) of over 20 ug/dL.
The next month, the New York State Department of Health (DOH) inspected the subject premises and found lead hazard violations throughout the apartment.
Fitzgerald & Fitzgerald filed suit in Bronx County Supreme Court, arguing that defendant landlord and defendant owner City of New York were careless, negligent, and reckless in the ownership, operation, management, maintenance, repair, care, and control of the subject premises in allowing and permitting a dangerous and hazardous condition to be, remain, and exist; and in failing to make a timely repair and abatement of the lead-based paint hazard in the subject premises upon learning that a child under the age of six was living in the subject premises, both of which resulted in serious and permanent injuries to infant plaintiff. Ultimately, Fitzgerald & Fitzgerald settled with defendant owner City of New York for a total of $625,000.00.