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, August 20, 2015

UNDERSTANDING LEAD PAINT LITIGATION IN BALTIMORE : DEFENSE ATTORNEYS

www.charlesjeromeware.com              "Here to make a Difference."
Charles Jerome Ware, LLC is a premier, Maryland-based, nationally-recognized and respected lead paint and lead poisoning defense law firm.  For an initial courtesy consultation, contact us at (410) 720-6129.  We can help you when you have been named as a defendant in a lead paint or lead poisoning lawsuit.


Baltimore is virtually "ground zero" for lead hazards. Therefore, by default Baltimore is ubiquitous
with its filings of lead paint claims and lawsuits against landowners, landlords and residential property managers. These claims and lawsuits are predominantly filed against residential landlords for pre-1978 built apartments and houses. Lead paint was banned for use in Baltimore housing in 1951, and it was banned by the Federal government for residential and other consumer uses in 1978.


Because lead (Pb) has been so popular in its commercial and consumer use, and appears to be everywhere in Baltimore and throughout so-called "civilized industrial nations", landlords for pre-1978 constructed residential units have unfortunately become relatively easy targets for plaintiffs who have lived or visited these properties. This is particularly the case for plaintiffs who lived in or visited these residential units when they were under the age of 6 years.


The three basic keys I recommend to my clients in their efforts to avoid or even win lead paint poisoning claims and lawsuits are : (1) MAINTENANCE of the residential property; (2) NOTICE to tenants in the residential property; and (3) DOCUMENTATION/RECORD-KEEPING on the tenants and the residential property.  Being a successful landlord for a pre-1978 built residential property in Baltimore takes a lot of attention and work. And, speaking of work, landlords must be sure to use Maryland Department of the Environment (MDE)- certified contractors and supervisors when doing any lead abatement or removal, renovation, and home improvement work on the rental property. That's the law in Maryland.


Be mindful that "uninterrupted" lead paint is not considered harmful to the body; but "interrupted" lead paint (i.e., chipped, peeled, cracked, in dust form, etc.) that is ingested on inhaled can be very harmful in sufficient amounts to the body.


Since lead paint was banned for residential use in Baltimore housing in 1951, and was banned by the Federal government for similar housing as well as other consumer uses in 1978, "legacy" (old) lead paint that is "interrupted" is considered the principal culprit in these claims and lawsuits.  Wide lead use came to North America during Colonial times; but wide lead use came about in ancient civilizations over 6,000 years ago. Lead (Pb) does not dissolve in water, does not dissipate, nor decay, nor burn.  This stuff just lasts ... and lasts ... and lasts. It is guesstimated that over 10 million metric tons of lead residue has accumulated in earth's environment since its first mining over 6,000 years ago.

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