Ruiz ex rel. Ruiz v. Kaprelian, 322 N.J.Super. 460, 731 A.2d 118 (App. Div. 1999)

Practice Areas: Environmental & Toxic Tort Litigation

Tenants brought personal injury action against landlord, alleging that child tenant’s exposure to lead paint in apartment caused child to suffer physical and mental disabilities. The Superior Court, Law Division, Middlesex County, entered judgement upon jury verdict for landlord. Tenants appealed. The Superior Court, Appellate Division, Skillman, J.A.D., held that: (1) landlord could not be liable, on basis of warranty of habitability, in absence of showing of knowledge; (2) landlord was not absolutely liable under nuisance theory; and (3) evidence supported finding that landlord was not liable in negligence.

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