BENCOSME v. KOKORAS


400 Mass. 40 (1987)

507 N.E.2d 748

RAFAEL BENCOSME & others vs. NICHOLAS KOKORAS & another.

Supreme Judicial Court of Massachusetts, Essex.

May 18, 1987.


Attorney(s) appearing for the Case

Nicholas J. Decoulos for the defendants.

Martin Kantrovitz (Maureen Bairos with him) for the plaintiff.

Jeffrey Petrucelly, for Massachusetts Tenants Organization & another, amici curiae, submitted a brief.

Present: WILKINS, ABRAMS, NOLAN, & O'CONNOR, JJ.


WILKINS, J.

We conclude that, without proof of negligence, an owner of residential property is liable under G.L.c. 111, § 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. 111, § 197 (1984 ed.). The plaintiffs presented their case solely on the theory that the landlords' failure to remove paint, plaster, and other...

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