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Charles Jerome Ware, Attorneys & Counselors, LLC, is a Maryland-based national lead-paint poisoning defense law firm. For an initial courtesy consultation, contact us at www.charlesjeromeware.com, charlesjeromeware@msn.com, (410) 730-5016 or (410) 720-6129.
Questioning Causation: A Litigation Trend For The Defense.
Nationally, courts have begun to recognize that a defendant landlord still has the right to question causation and thereby avoid liability or at least mitigate its damages in lead-paint poisoning cases. This can be true even where there is evidence of lead exposure and the landlord had actual or constructive notice of the condition.
For example, a landlord who has been negligent in dealing with lead hazards presented by paint is clearly entitled to challenge causation by showing that the infant plaintiff ingested other lead-containing substances during the relevant time periods.
[ see,in support, Cunningham vs. Anderson, 84 A.D. 3d 1370,1372 (3d Dept.2011); Watson vs. Priore (Oneida County, New York 2011) ]
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