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

Saturday, August 24, 2013

BALTIMORE'S LEAD POISONING PARADOX,www.charlesjeromeware.com

 A DEFENSE ATTORNEY'S PERSPECTIVE ON BALTIMORE'S LEAD POISONING PARADOX. www.charlesjeromeware.com ( We fight. You win.)

There is no denying that Baltimore has a serious lead poisoning problem. Countless investigations, studies, research efforts, victims and lawsuits have proven that fact. The abandonment by insurance companies of lead poisoning liability coverage for some time now reinforces this public safety problem in the city.

Certainly there are, and have been, an unfortunate number of  landlords who have not been sufficiently responsible in addressing the lead paint poisoning issues of their tenants in the city. However, there are, and have been, others who have been diligent in their efforts to comply with the lead paint rules and laws, but too have been caught in the tragic lead poisoning net of Baltimore City.

There are victims on all sides. Tragically. It is a paradox ... with few winners and many losers.

[ see, "The Politics of Lead Poisoning in Baltimore & D.C.", 07-09-2013/http://thelawyersmailbox.blogspot.com; "Lead Poisoning in Baltimore: Landlord Tips...";   
Kaminsky, Bottari and Boulhosa, A Complete Guide To Lead Paint Poisoning,American Bar Association (ABA), 1998; Markowitz and Rosner,Lead Wars: The Politics of Science and the Fate of America's Children, U. of Calif. Press/Millbank Mem. Fund, April 2013; Epstein," Lead Poisoning: The Ignored Scandal", The New York Review of Books, Marc 21, 2013, www.nybooks.com/articles;
Nelson, " Nontherapeutic Research Minimal Risk, and the Kennedy Krieger Lead Abatement Study",  IRB: Ethics and Human Research, Vol. 23, No. 6 ( Nov.-Dec. 2001); Vedantam, " research Links Lead Exposure, Criminal Activity", The Washington Post, July 8, 2007]

From a defense attorney's perspective, it is my observation that the lead poisonung public health crisis in Baltimore City is so bad that many judges and many other influential commentators in the city actually believe that in many circumstances Baltimore lead poisoning cases are indefensible.

In the real world of jurisprudence, however, lead poisoning claime can and should, however, be defended on a number of grounds, including challenging the centers for Disease Control's (CDC's) assertion that a low blood-lead level can result in decreased IQ, learning disabilities, and psychological, neurological, and behavioral injuries.

Of course, from the insurer's perspective, the best defense to lead poisoning claims probably begins with education and monitoring of their insureds. Education, monitorization, and implementation of
lead awareness and lead abatement programs are key for Baltimore City property owners, landlords, and property managers.

Contact us at www.charlesjeromeware.com, (410) 730-5016, (410) 720-6129, for a courtesy consultation regarding your lead poisoning concerns. We are a nationally recognized and respected lead poisoning defense law firm headquartered here in the Baltimore area.

In my view, it is absolutely crucial that property owners and managers take an active role in preventing lead poisoning claims, instead of just simply reacting to complaints of lead paint violations.

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