State of Rhode Island v. Lead Industries Association, Inc.: Rhode Island Supreme Court Rejects Novel Public Nuisance Theory in Favor of Traditional Products Liability Approach
In an 81-page decision issued today, the Rhode Island Supreme Court threw out the first jury verdict holding manufacturers of lead pigment liable under a theory of public nuisance for substantially contributing to the "cumulative presence" of lead pigment in Rhode Island. The Supreme Court held that, "however grave the problem of lead poisoning is in Rhode Island, public nuisance law simply does not provide a remedy for this harm." The decision eliminates the manufacturers’ potential liability for over two billion dollars in estimated abatement costs to remove lead paint from buildings in Rhode Island.