Antwaun A. Ex Rel. Muwonge v. Heritage Mutual Insurance

¶ 1. This case is before the court on certification from the court of appeals pursuant to Wis. Stat. § 809.61 (1997 — 98). The court of appeals asks this court to address the following question:

*50Does a landlord of an older residential rental property have a common law duty to inspect, or test, for contamination from lead-based paint once the landlord knows that the paint is flaking from the walls?

We conclude that the presence and danger of lead paint was foreseeable and determine that the landlords had a common law duty to test the residential property for lead paint. Because the circuit court…