QUESTION
Can a friend of my tenant sue me (the landlord) for lead paint poisoning if they did not live in the house?
Asked on Oct 13th, 2015 on Landlord and Tenant Law - Massachusetts
More details to this question:
A friend of my tenant is suing me (the landlord) for lead paint poisoning even though she did not live there and never signed a lease with me. Can they sue me? Or is the tenant the only one who can sue me? I followed all the state rules. I gave the tenant the lead paint pamphlet, I had the house inspected for lead paint and it passed testing. The house is registered with the state. I never received any notice from the tenant of flaking paint. And the boy was 6 years old when they visited the house. So do they have a right to sue me? If not, what do I tell the judge to have it dismissed?
1 ANSWER
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Invitees CAN sue for lead paint poisoning. The law is specifically designed to benefit the public, not just tenants. If you have insurance you should contact your agent regarding representation. If you do not you should retain an attorney with knowledge of lead paint laws. In my experience the fact that a property has been certified deleaded does not always mean that it has. The real issue for a suing party who is an invitee is proving that the harm, if any occurred at the property and not elsewhere.
Answered on Oct 15th, 2015 at 5:31 PM