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Baltimore, Maryland and other major Northeast U.S. cities are considered by many commentators to be "ground zero " for lead paint poisoning, primarily because of its many pre-1978 built residential units (apartments and houses) as well as its previous heavy industrial use of lead (Pb). New Orleans and southern Louisiana areas are heavily considered major mold hazards due to the prevailing swamp and other substantial water level conditions. Both are hazardous to humans, and both are preventable and defensible.
It is important to note that tolerating lead and mold in one's on abode (personal living area), though clearly not a wise decision, is not particularly illegal. However, be on notice that it is generally illegal for residential landlords to tolerate hazardous lead paint and lead poisoning, as well as harmful mold, in their rental units ( houses and apartments).
In the areas of lead-based paint and mold poisoning litigation, several trends are of increasing concern to property owners nationwide. Federal and state agencies and health departments have consistently lowered the amount of lead considered threshold-permissible in lead-based paint in pre-1978 built residential units to the extent that added millions of housing units nationwide are suddenly in violation of local and Federal lead (Pb) ordinances and regulations. Similar increased governmental scrutiny has also increased for instances of mold. In fact, numerous commentators have suggested that in certain circumstances lead and mold poisoning cases are "indefensible".
Both lead paint and mold claims can, however, be defended on a number of legal grounds. From the defense attorney's as well as the liability insurance company's perspective , probably the best defense
to lead and mold poisoning claims and lawsuits begins with education and monitoring of their clients/insureds.
It is essential that residential rental property owners be active in monitoring and preventing lead paint, lead poisoning, and mold hazard claims, rather than simply reacting to complaints of lead and mold violations.
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