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If I rent to a tenant that does not have children but has a child visit, am I liable for lead poisoning to that child if the house has lead violations?

Editor's Response

Massachusetts' lead paint law creates strict liability, which means, in a nutshell, you need not be negligent to be liable for damages.  If lead is present in the property, and you have not obtained a Letter of Interim Control, you are playing with fire.  In at least one Massachusetts case at the housing court (Ferraro, et al. v. Allard, 1993), a judge reasoned that the landlord's liability extended not merely to the tenant and his children, but also to guests of the tenant.

Lead Poisoning

I have a two year son who is currently going through chelation. His lead level was at 39. I have been advised to hire an attorney to take my landlord to court... I hesitated at first but now my son need a very expensive devepmental assesment (200-300 dollars) to evaulate if he has autism. I don't know what else we are facing down the road. So my questions are:
1) Is my landlord liable even though I don't have a written lease with him?
2) Do I have a strong case against him?
3) Can you point me to the right direction ie how to start this process if only I have a case?

Thank you very much for reading.

Sincerely,
Chi

Editor's Response

Chi, if your child has lead poisoning, you may be facing many additional expenses above and beyond the testing you mentioned.  If you lived in an apartment that did not conform to Massachusetts law with respect to lead paint, you should definitely contact an attorney who does lead paint litigation.  There are many attorney directories that can help you find such an attorney of you could Google "MA lead paint lawyer."  For more information or to post a question, visit our MA Tenant Law Discussion Forum.

 

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