For eight years in the 1990s, Attorney Charles Ware hosted the extremely popular legal advice radio program "The Lawyer's Mailbox"; the Number One (#1)legal advice radio program in the Mid-Atlantic Region,on WEAA - 88.9 FM, Morgan State University Radio in Baltimore, Maryland.
www.CharlesJeromeWare.com

Friday, June 13, 2014

"LLLL", LANDLORD LEAD LAWYERS in BALTIMORE, MARYLAND : DEFENSE UPDATE

www.charlesjeromeware.com.       " Here to make a difference."


Charles Jerome Ware, Attorneys & Counselors, LLC, is a Maryland-based national lead-paint poisoning defense law firm.  For an initial courtesy consultation, contact us at www.charlesjeromeware.comcharlesjeromeware@msn.com,  (410) 730-5016  or  (410) 720-6129.


Questioning  Causation: A Litigation Trend For The Defense.
Nationally, courts have begun to recognize that a defendant landlord still has the right to question causation and thereby avoid liability or at least mitigate its damages in lead-paint poisoning cases.  This can be true even where there is evidence of lead exposure and the landlord had actual or constructive notice of the condition.


For example, a landlord who has been negligent in dealing with lead hazards presented by paint is clearly entitled to challenge causation by showing that the infant plaintiff ingested other lead-containing substances during the relevant time periods.


[ see,in support, Cunningham vs. Anderson, 84 A.D. 3d 1370,1372 (3d Dept.2011);  Watson  vs. Priore (Oneida County, New York 2011) ]







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