Lead Paint is Not a Public Nuisance

Abstract

This article summarizes the Rhode Island lead paint case decision at both the trial and supreme court levels. At trial the jury held that certain manufacturers of lead paint were liable for abatement of the lead paint in Rhode Island. The trial court refused to dismiss the case. On appeal the Rhode Island Supreme Court dismissed the case because no public right had been harmed and the lead paint manufacturers did not have control over the lead paint at the time the injuries occurred.