Monday, March 31, 2014
The Lawyer's Mailbox: PRENATAL MEDICAL RECORDS : BALTIMORE LEAD CASE DIS...
The Lawyer's Mailbox: PRENATAL MEDICAL RECORDS : BALTIMORE LEAD CASE DIS...: www.charlesjeromeware.com .. "Here to make a difference." For an initial courtesy consultation, contact Charles Jerome Ware, Attor...
The Lawyer's Mailbox: PRENATAL MEDICAL RECORDS : BALTIMORE LEAD CASE DIS...
The Lawyer's Mailbox: PRENATAL MEDICAL RECORDS : BALTIMORE LEAD CASE DIS...: www.charlesjeromeware.com .. "Here to make a difference." For an initial courtesy consultation, contact Charles Jerome Ware, Attor...
PRENATAL MEDICAL RECORDS : BALTIMORE LEAD CASE DISCOVERY REPORT
www.charlesjeromeware.com.. "Here to make a difference." For an initial courtesy consultation, contact Charles Jerome Ware, Attorneys & Counselors, at charlesjeromeware@msn.com, (410) 730-5016 or (410) 720-6129.
In a 2010 New York lead paint poisoning civil case [Scott v. Carson, 2010 N.Y. slip op. 5073 IU; 2010 N.Y. Misc. LEXIS 869(Schenectady County, New York 2010)], the Supreme Court of Schenectady County permitted the landlord defendants to show that the mother's prenatal medical records demonstrated that she only achieved a tenth grade education, that she had used alcohol and crack cocaine while pregnant, that the infant plaintiff was born with crack cocaine in his system, that the father abused drugs, and that the plaintiff's younger brother ( who presumably had not been exposed to lead) had a learning disability.
The court found that this medical evidence was sufficient to sustain the defendant's burden to seek medical record discovery and IQ testing from the non-party family members.
In a 2010 New York lead paint poisoning civil case [Scott v. Carson, 2010 N.Y. slip op. 5073 IU; 2010 N.Y. Misc. LEXIS 869(Schenectady County, New York 2010)], the Supreme Court of Schenectady County permitted the landlord defendants to show that the mother's prenatal medical records demonstrated that she only achieved a tenth grade education, that she had used alcohol and crack cocaine while pregnant, that the infant plaintiff was born with crack cocaine in his system, that the father abused drugs, and that the plaintiff's younger brother ( who presumably had not been exposed to lead) had a learning disability.
The court found that this medical evidence was sufficient to sustain the defendant's burden to seek medical record discovery and IQ testing from the non-party family members.
Sunday, March 30, 2014
The Lawyer's Mailbox: LANDLORD BASICS FOR DEFENDING LEAD PAINT POISONING...
The Lawyer's Mailbox: LANDLORD BASICS FOR DEFENDING LEAD PAINT POISONING...: www.charlesjeromeware.com . " Here to make a difference." For an initial courtesy consultation with the Maryland-headquartered na...
The Lawyer's Mailbox: LANDLORD BASICS FOR DEFENDING LEAD PAINT POISONING...
The Lawyer's Mailbox: LANDLORD BASICS FOR DEFENDING LEAD PAINT POISONING...: www.charlesjeromeware.com . " Here to make a difference." For an initial courtesy consultation with the Maryland-headquartered na...
LANDLORD BASICS FOR DEFENDING LEAD PAINT POISONING LAWSUITS IN BALTIMORE, MARYLAND
www.charlesjeromeware.com. " Here to make a difference."
For an initial courtesy consultation with the Maryland-headquartered national lead paint poisoning
defense law firm of Charles Jerome Ware, Attorneys & Counselors, contact Attorney Charles Ware and his colleagues at charlesjeromeware@msn.com, (410) 730-5016, or (410) 720-6129.
Landlord Basics For Defending Lead Paint Poisoning Lawsuits in Baltimore, Maryland :
To begin, the landlord must engage in investigative undertakings to assess the veracity of a potential claim or a pending claim of lead paint poisoning.
In certain circumstance, (a) investigative results may confirm that the premises are poorly maintained and that the child may indeed have suffered ill effects from exposure to lead paint or lead dust within the building. In other cases, (b) prompt investigation may help in documenting that a plaintiff's allegations of lead poisoning are misplaced.
In either case, a vigorous investigation by the landlord or agents of the landlord should help the defendant landlord's attorney as well as liability claims professionals in assessing which cases should and can be resolved --- and those which should be defended through the trial process.
In an effort to reduce potential claims and assist in the defense of claims being pursued, Attorney Charles Ware recommends that Baltimore landlords adopt and incorporate the following measures:
1. Prior to renting the premises to anyone, require the applicant-tenant to disclose in writing the names and current ages of all persons who will reside in the premises.
2. Inspect the premises WITH the applicant-tenant and require them 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 apartment or residence anf follow the same procedure with respect to the maintenance of inspection sheets(checklists) signed by tenants.
4. Treat ALL complaints of peeling or flaking paint conditions as emergencies requiring immediate attention.
5. Retain Maryland-licensed and insured contractors with experience in the field to perform any required lead abatement work.
6. Paint the premises every three years and maintain copious records of all maintenance, repair, and paint work performed within each unit.
7. If denied access to the premises to perform these inspections or maintenance work, document the denial within the tenant's folder immediately, and follow-up with a letter to the tenant confirming their failure to allow the landlord to gain access to the premises.
8. Keep safely all of the abovereferenced records for at least 21 years.
9. Be ever alert to the fact that lead paint poisoning in Baltimore is considered by many to be a healthcare crisis, thus landlords must be diligent and vigilant in this area.
For an initial courtesy consultation with the Maryland-headquartered national lead paint poisoning
defense law firm of Charles Jerome Ware, Attorneys & Counselors, contact Attorney Charles Ware and his colleagues at charlesjeromeware@msn.com, (410) 730-5016, or (410) 720-6129.
Landlord Basics For Defending Lead Paint Poisoning Lawsuits in Baltimore, Maryland :
To begin, the landlord must engage in investigative undertakings to assess the veracity of a potential claim or a pending claim of lead paint poisoning.
In certain circumstance, (a) investigative results may confirm that the premises are poorly maintained and that the child may indeed have suffered ill effects from exposure to lead paint or lead dust within the building. In other cases, (b) prompt investigation may help in documenting that a plaintiff's allegations of lead poisoning are misplaced.
In either case, a vigorous investigation by the landlord or agents of the landlord should help the defendant landlord's attorney as well as liability claims professionals in assessing which cases should and can be resolved --- and those which should be defended through the trial process.
In an effort to reduce potential claims and assist in the defense of claims being pursued, Attorney Charles Ware recommends that Baltimore landlords adopt and incorporate the following measures:
1. Prior to renting the premises to anyone, require the applicant-tenant to disclose in writing the names and current ages of all persons who will reside in the premises.
2. Inspect the premises WITH the applicant-tenant and require them 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 apartment or residence anf follow the same procedure with respect to the maintenance of inspection sheets(checklists) signed by tenants.
4. Treat ALL complaints of peeling or flaking paint conditions as emergencies requiring immediate attention.
5. Retain Maryland-licensed and insured contractors with experience in the field to perform any required lead abatement work.
6. Paint the premises every three years and maintain copious records of all maintenance, repair, and paint work performed within each unit.
7. If denied access to the premises to perform these inspections or maintenance work, document the denial within the tenant's folder immediately, and follow-up with a letter to the tenant confirming their failure to allow the landlord to gain access to the premises.
8. Keep safely all of the abovereferenced records for at least 21 years.
9. Be ever alert to the fact that lead paint poisoning in Baltimore is considered by many to be a healthcare crisis, thus landlords must be diligent and vigilant in this area.
Saturday, March 29, 2014
The Lawyer's Mailbox: RECENT BALTIMORE, MARYLAND LEAD PAINT POISONING CA...
The Lawyer's Mailbox: RECENT BALTIMORE, MARYLAND LEAD PAINT POISONING CA...: www.charlesjeromeware.com . "Here to make a difference." The Maryland-headquartered national lead paint poisoning defense law fir...
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