Case 11.2 Tiffany Childs v Samuel Purll (p 221) We know that lead is poisonous t
ID: 357622 • Letter: C
Question
Case 11.2 Tiffany Childs v Samuel Purll (p 221) We know that lead is poisonous to children in the smallest microscopic amounts detectable in their blood. Childs, who was mother of 2 small children, rented a DC apartment from a real estate company leasing for the building owners, Sam and Kathy Purll. The children were found to have elevated levels of lead from ingesting peeling lead based paint in the apartment. Childs sued the owners for neglect in maintaining a safe and habitable residence. Her case was initially dismissed but brought back to the appeal court. Apply the steps of legal reasoning to this case. What defense from the landlord prompted the first judge to dismiss the case in summary judgement? On what legal basis did the appeal court judge reverse the first decision and order the case to proceed? You be the judge-were the elements for negligence we have previously studied shown in actions of the landlords and real estate managers? Was landlord neglect unjustified if the managers cleaned the apartment from lead soon after learning about the problem? 11:41 PMExplanation / Answer
The actual components might not be presented in fron of the first judge.He might not got all the necessary documents.The components of lead as we all know is injurious to health .The component of lead mixed paint must be checked befor applying the paint in the apartment.The chemical composition of the paint must be cleary mentioned and the landlord must have a social responsibility towards the family to whom the flat was rented.
I this case it is a clear negligence of the facts and figures by the first judge and the second judge might have studied all the facts and the report of the lab test fo rthe chemical composition might not be submitted in first case and in the second case it was submitted.
The landord is the accsed one na dmust be charged on the grounds on clear negligence as a result of which the childern were the sufferee.
No,the landlord must chech every thing before renting the apartment and the Chils family was paying te rent and therefore they must not face any consequence borne out by mere negligence.
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