Submitted by admin on Thu, 04/02/2009 - 08:44
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? Posted by Ringwood on The Forum.
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.