Bencosme v. Kokoras

We conclude that, without proof of negligence, an owner of residential property is liable under G. L. c. Ill, § 199 (1984 ed.), for injuries sustained by a child under six years of age who ingested lead-based paint or other material which the owner failed to remove from those premises as required by G. L. c. Ill, § 197 (1984 ed.). The plaintiffs presented their case solely on the theory that the landlords’ failure to remove paint, plaster, and other material with dangerous levels of lead established liability for injuries sustained by two young children who ingested paint chips and other…