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

Thursday, July 31, 2014

BALTIMORE LANDLORD RIGHTS IN LEAD PAINT CASES : A PRIMER

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

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

It has been said that defending against a lead paint poisoning lawsuit in Baltimore can be difficult for a landlord. We agree. But, it is not impossible. We know this because, over several years we have had numerous successful outcomes for our landlord clients in these complex cases.

Part of the difficulty that must be overcome in Baltimore is the perception by some respected judges and commentators that in certain circumstances lead paint poisoning cases are "indefensible". This is suggested by them even though the United States Environmental Protection Agency (EPA) has stated that "undisturbed" (i.e., in good condition) lead-based paint is usually not hazardous or harmful to the human body.  It is only when lead-based paint is "disturbed" (i.e., chipped, peeled, otherwise deteriorated, or lead dust) that it can be harmful to the human body. The keys, then, are maintenance and documentation of maintenance on the landlord's residential units. Landlord documentation to confirm the proper performance of maintenance , painting and renovations by skilled ,lead-certified
workers will enhance the landlord's defense against lead-based paint poisoning lawsuits.

In the overwhelming majority of childhood lead-based paint poisoning cases, (formerly infant victim) plaintiff is a sympathetic party who cannot be apportioned any degree of fault in causing his or her injuries. However, backgrounds and personal histories of plaintiff-mothers  and  plaintiff-fathers should be fully investigated by the defendant landlord; and a concerted effort should be made to establish alternative causation ( other than lead-based paint in the residential unit).

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