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, September 3, 2015

BALTIMORE LANDLORD LEAD PAINT CLAIMS -- A PRIMER: Charles Jerome Ware, LLC

www.charlesjeromeware.com                  "Here to make a Difference."
Premier defense attorney Charles Jerome Ware is Maryland-based, nationally-recognized and respected, and is ranked by his many satisfied landlord clients as well as his legal peers as one of the best lead paint and lead poisoning defense attorneys in the United States. For an initial courtesy consultation, contact him at (410) 720-6129. He can help you when you are being in a lead paint or lead poisoning case.


 Baltimore is considered by many to be essentially "ground zero" for lead paint and lead poisoning claims against residential property landlords.  Major reasons for this reputation are : the large number of pre-1978 built apartments and houses which contain legacy (old) lead-based paint; the large number of lead poisoning claims made every year; the significant number of illnesses attributed to toxic lead; and, the simple fact that in many areas of the city lead is everywhere, including: the air we breathe, drinking water, dust, soil, pipes and other plumbing fixtures,jobs, job sites, industrial sites, playgrounds, sandlots, commercial buildings, food and drink, pottery, ceramics, jewelry, cosmetics, toys, furniture, hobbies, clothes, renovation and home improvement projects, other products, etc., and residential units.


Indeed, there are some judges, officials, and commentators who suggest that in certain circumstances lead paint and lead poisoning cases are "indefensible". I respectfully disagree. It has been my experience over many years that there are always defenses in these cases.


I have three (3) key reminders I share with all of my residential landlord clients in their quest to avoid or win lead paint poisoning cases : (1)  MAINTENANCE of the rental property; (2) NOTICE to the tenants in the rental property; and (3) DOCUMENTATION/RECORD-KEEPING on the tenants as well as the rental property itself. Particularly with residential rental property built before 1978 in Baltimore, landlords must pay careful attention to the physical condition of the property.


It should be noted and remembered that "uninterrupted" (undisturbed) lead paint itself is not considered harmful to the body. It is disturbed or "interrupted" lead paint (i.e., chipped, peeled, cracked, dust, etc.) ,that is inhaled or ingested, that can be harmful to the body. This is particularly the case with children under the age of 6 years.


One of the dangers of lead to the body is that it lasts, and lasts, and lasts. Lead (Pb) does not dissolve in water, does not decay, does not dissipate, nor burn. Lead has used by humans for various purposes for over 6,000 years (since about 4,000 BC). Lead has been used in the Baltimore area since Colonial times for industrial, infrastructural, and consumer purposes. It was first banned for residential purposes in Baltimore in 1951. It was subsequently banned by the Federal government for residential and consumer purposes in 1978. It is guesstimated that more than 10 million metric tons of lead exists  today in the earth's environment.

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