www.charlesjeromeware.com " Here to make a difference."
Charles Jerome Ware, Attorneys & Counselors, LLC, is a premier Maryland-based national lead poisoning defense law firm. For an initial courtesy consultation, contact the firm at charlesjeromeware@msn.com, (410) 730-5016 or (410) 720-6129. We can help you when you are sued in a lead poisoning lawsuit.
Maryland, and in particular Baltimore, is a difficult jurisdiction for defendants to win in lead-based paint poisoning lawsuits. Indeed, numerous judges and commentators in Baltimore, Maryland have suggested that in certain circumstances lead poisoning cases are "indefensible". This is why an experienced and successful defense attorney is so important to have in these cases.
There are several guidelines for a successful landlord defendant in these cases, including but not limited to :
1. Any documentation to verify the successful performance of maintenance, renovation and painting on the residential unit (home) will help to enhance the landlord defendant's defense in the case.
2. Maintenance -- maintenance -- maintenance !
The United States Environmental Protection Agency (EPA) has stated that "undisturbed" (i.e., in good condition) lead-based paint is usually not hazardous to the human body. However, "disturbed" lead-based paint (i.e., peeled, chipped, lead dust, or otherwise deteriorated leaded paint) can be very harmful to the body. Therefore, proper and documented maintenance of these residential units is important.
3. Landlords should have their residential properties routinely inspected for hazards by qualified and lead-certified professionals. Their findings and their immediate repairs of these hazards should be documented (in writing).
4. All tenant complaints of hazards should be addressed and documented as quickly as reasonably possible.
5 . Routine canvassing of the residential property and surrounding area is crucial to determining whether there are alternative sources of potential lead exposure in or near the property, such as : leaded water pipes and other plumbing, factories, gasoline stations, bridges, etc.
6. Before renting the residential unit , require the prospective tenant to disclose the names, ages and relationships of all persons who will live or reside in the unit.
7. Keep good records on the property as well as the tenants, and save them for at least 22 years per tenant.
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