“BLURRED LINES”: LEAD PAINT POISONONG DEFENSE A TO Z: Baltimore , Maryland .
www.charlesjeromeware.com.
“Here to make a difference.”
Charles Jerome Ware is a nationally-respected premier
landlord lead paint poisoning defense attorney, whose offices are located in
the Baltimore-Washington Metropolitan area.
For questions or an initial courtesy consultation, contact Attorney Ware
at (410) 720-6129 or (410) 730-5016, or email him at charlesjeromeware@msn.com.
Lead paint lawsuits by tenants against landlords have
increased during the past few years as the public has become more aware of the
dangers created by lead paint.
Lawyers who represent injured children or residential
landlords should investigate the facts to determine the identity of potentially
liable defendants, the cause of causes of injury, the potential defenses to the
claim, which experts to utilize, and the different types of damages available in
the case.
How much in Damages Can Be Expected?
Damages recoverable in lead paint suits are similar to those
recoverable in other types of personal injury litigations: loss of earning
capacity, medical expenses, and pain and suffering. Parents may have a claim for loss of consortium
is some jurisdictions. Also, some
jurisdictions allow for the recovery of punitive damages if the facts of the
case establish the elements for the award.
The largest dollar claim for damages generally falls under
the category of vocational limitations.
In most cases, plaintiffs allege that the exposed child will
be restricted in vocational options as an adult due to irreversible injuries
caused by the exposure to lead that permanently disable the affected child. As a result, the child’s earning capacity as
an adult will be diminished.
In an attempt to mitigate loss of earning capacity damages,
defendants may present evidence that parents possess modest or below-average intelligence,
together with expert testimony that children usually exhibit a level of intelligence
that mirrors their parents.
The assessment by the defendant on vocational damages may
focus on the child’s home environment and the parents; child rearing
practices. These factors may strongly
affect a child’s cognitive behavior and development.
Defense counsel may argue that it is better to assess a
child’s future earning capacity on familial elements rather than on lead
exposure.
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