State of Rhode Island v. Lead Industries Association, Inc.
Supreme Court of Rhode Island
951 A.2d 428 (2008)
The Rhode Island Attorney General (plaintiff) sued lead paint manufacturers (defendants), alleging they knew or should have known lead paint was hazardous and that resulting childhood lead poisoning constituted a public nuisance the state incurred substantial costs addressing; the trial court denied the manufacturers' motion to dismiss, and a jury found the presence of lead paint a public nuisance caused by the manufacturers, ordering abatement. The manufacturers appealed.
Whether a plaintiff may support an action for public nuisance where the plaintiff fails to allege that the defendant interfered with a public right, or that the defendant had control over the instrumentality creating the nuisance at the time the damage occurred.