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

Thursday, March 19, 2015

"BLURRED LINES" LEAD PAINT POISONING DEFENSE A TO Z: Baltimore, Maryland


“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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