"BLURRED LINES": DEFENDING BALTIMORE LEAD PAINT CLAIMS

“BLURRED LINES’: DEFENDING BALTIMORE LEAD PAINT CLAIMS

 

www.charlesjeromeware.com. “Here to make a difference.”

 

Charles Jerome Ware, LLC is a premier Maryland-based national lead paint poisoning defense law firm.  For an initial courtesy consultation, contact the firm at (410) 720-6129 or (410) 730-5016.

 

The following information is a segment in a continuing symposium on defending lead paint poisoning cases in Baltimore, presented by noted defense attorney Charles Jerome Ware.  Though designed to be helpful to the reader, this information does not create an attorney-client relationship with anyone.  Thank you.

 

There are a number of defenses that are available to landowners and landlords in Baltimore and throughout Maryland in lead paint poisoning claims that utilize, for example, both medical causation and non-medical causation theories.

 

For a medical causation view lead poisoning defenses can include:

(1)   The injury has not been established.

(2)   The injury is so minor that it has caused no medical or physical impairment.

(3)   Scientific evidence has not conclusively established that lead caused the injury exhibited by the child; and

(4)   There are other known causes of the injuries sustained by the child, inter alia.

 

From a non-medical causation view, lead poisoning defenses can include:

(1)   The Plaintiff failed to establish that the alleged injury was caused by exposure to a lead-containing product manufactured or used by the defendant landowner or landlord; or

(2)    The Plaintiff failed to prove the source of the lead exposure was within the defendant’s control, inter alia.

 

Other possible defenses may arise, including, inter alia:

(1)   The genetic factor regarding the intelligence of the child’s parents;

(2)   The health of the child’s parents;

(3)   The parents’ child raising techniques;

(4)   The child general physical and mental health; and

(5)   The socioeconomic status of the child’s family.