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The reason the LL lost was simple. They did not show up. You lose when you do not show. It doesn't matter if it's a lead paint issue, or an eviction. "The youngsters and Ms. Hussein had obtained a default judgment against Ms. Ovili, who failed to answer the allegations or appear in court for any of the proceedings, said Bush." http://www.silive.com/northshore/index.ssf/2011/02/400g_for_staten_island_brother.html It is extremely hard to prove lead paint poisoning. http://www.civilrights.com/defective-products/poisoning-from-lead-paint The typical, and often successful, defense strategy is to argue that a lead-poisoned child’s mental deficits and behavioral problems are due to “environmental” factors the fact that the family is not intact, that the single mother head-of-household is a drug addict, or that the house is occupied by lots of other children and unemployed adults all of which create a chaotic home environment allowing little “quality time” for the child in question. If the family has moved three or four times within the time period in which the poisoning occurred, the case against any one landlord becomes more complex to make. All these factors, combined, dilute any claim filed on behalf of a poisoned and damaged child. In my (the author) experience, the airtight Lead-Paint poisoning case simply doesn’t exist.
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