www.charlesjeromeware.com.
“Here to make a difference”.
Charles Jerome Ware, Attorneys and Counselors, is a
nationally renowned and respected landlord lead paint poisoning defense law
firm, head quartered in the Baltimore
Previously in my lead paint poisoning defense blogs I
discussed (1) the fact that proof of an elevated lead level, as well as (2) the
fact that actual or constructive notice of a defective lead condition in the
premises, are necessary evidence the plaintiff must establish to prove a case against
the landlord.
Additionally, the plaintiff must also prove that (3) the
lead exposure was a proximate cause of the plaintiff’s injuries. I have found in my lead poisoning defense
cases that this fact is a particularly fertile ground for the landlord’s
defense.
Plaintiffs frequently allege that the infant plaintiff
suffers from a lower IQ or neurological, cognitive and behavioral development
than elevated blood levels.
Known risk factors include family history of learning
disorders, speech and language related difficulties, attention
deficit/hyperactivity disorder (ADHD), and many often hereditary psychological
disorders including depression, anxiety, conduct disorder and oppositional
defiant disorder. Other variables
include maternal drug, alcohol or tobacco use during pregnancy; chronic medical
illness during pregnancy; premature and low birth weight; and maternal age.
Other important and scientifically recognized
neuro-development risk factors are socioeconomic status and home environments. Children
from poor socioeconomic status backgrounds have statistically higher mortality
rates and are at risk for several chronic medical, behavioral, and emotional
disorders. Furthermore, home
environments characterized by poor parenting practices, domestic violence, and
minimal cognitive stimulation increase a child’s risk for poor cognitive,
behavioral, and academic outcomes.
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