www.charlesjeromeware.com "Here to make a Difference."
Charles Jerome Ware, LLC is a premier, Maryland-based, nationally-recognized and respected landlord lead paint and lead poisoning defense law firm. For an initial courtesy consultation, contact us at (41)) 720-6129. We can help you when you are being sued in lead paint and lead poisoning cases.
Lead paint cases are ubiquitous in Baltimore. A key reason is because lead poisoning is considered by many to be a public health crisis in the Baltimore area. Indeed, numerous judges and commentators have suggested that in certain circumstances lead poisoning cases are "indefensible". We, at the national law firm of Charles Jerome Ware, LLC, respectfully disagree. It is our successful experience over a number of years that lead poisoning claims can be defended on a number of legal grounds.
First and foremost, lead poisoning in Baltimore can come from numerous sources, including :
the air we breathe, soil, dust, drinking water, pipes, plumbing, trees, plants, flowers, playgrounds,, food and drinks, job sites, other industrial sites (both active and abandoned),batteries, cosmetics, jewelry, hobbies, folk and home remedies, furniture, toys, commercial buildings,etc., and from pre-1978 built houses and apartments.
Since the overwhelming number of lead poisoning cases brought in Baltimore are lead paint cases brought against landlords and other pre-1978 built homeowners, I will focus on the problem of defending against residential lead paint poisoning lawsuits.
Lead dust generated from residential renovation and lead abatement (lead removal) work is a major source of toxic lead that can be ingested and inhaled by people, particularly children up to age 6 Lead also has a sweet taste that can entice children to chew on it, eat it, or inhale it sufficiently to cause harm to the body. Landlords must be vigilant in hiring only Maryland Department of the Environment (MDE)-certified or accredited contractors and supervisors for any renovation and lead abatement on residential rental properties. Maryland law requires it. "Uninterrupted" lead paint is generally not harmful to the human body. It is when lead paint is "interrupted" (i.e., chipped, peeled, flaked, dust, etc.) and ingested or inhaled that it can harmful when consumed in sufficient quantities.
Further, in an effort to reduce potential lead poisoning claims and assist in the defense against lead paint poisoning lawsuits, we recommend that landlords adopt and follow these preventative measures:
(1) Prior to renting the residence to a new tenant, require the prospective tenant to disclose the names and ages of all persons who will reside in the residence.
(2) Inspect the residence with the prospective tenant and require the tenant to sign an inspection sheet confirming that each room is free of peeling, flaking, or other defective paint conditions.
(3) Conduct periodic inspections of each residence and follow the same procedure with respect to the maintenance of inspection sheets signed by tenants.
(4) Treat all complaints by tenants of peeling, chipped or flaking paint conditions as emergencies requiring immediate attention.
(5) Retained MDE-certified and insured contractors with experience in the field to perform any required lead removal or abatement work.
(6) If denied access to the residence by the tenant to perform an inspection or maintenance work, document the denial within the tenant's folder and follow-up with a letter to the tenant confirming the failure to gain access to the residence.
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