Friday, July 31, 2015
The Lawyer's Mailbox: BALTIMORE LEAD POISONING BASICS FOR DEFENDANTS : C...
The Lawyer's Mailbox: BALTIMORE LEAD POISONING BASICS FOR DEFENDANTS : C...: www.charlesjeromeware.com "Here to make a Difference." Charles Jerome Ware, LLC is a premier lead poisoning d...
BALTIMORE LEAD POISONING BASICS FOR DEFENDANTS : CHARLES JEROME WARE, LLC
www.charlesjeromeware.com "Here to make a Difference."
Charles Jerome Ware, LLC is a premier lead poisoning defense law firm which is Maryland-based and nationally respected. For an initial courtesy consultation, contact us at (410) 720-6129 when you are sued for lead poisoning. We can help you.
(1) LEAD POISONING ("Plumbism") is one of the most common environmental child health problems in the United States. It is caused by too much lead in the body. It is particularly harmful in sufficient quantities to children younger than age 6 who inhale lead dust or eat lead chips, etc. Anyone, however, who eats, drinks or breathes too much lead can get lead poisoning.
(2) LEAD (Pb) can come from several sources : pre-1978 built residential units (houses and apartments), drinking water, the air we breathe, dust, soil, playgrounds, pipes and other plumbing items, foods and beverages, foreign-made toys and furniture, painted ceramic products, home remedies, work sites and hobbies, pottery, cosmetics, other products, etc.
(3) LEAD has been used by people since about 4,000 BC. It does not dissolve in water, does not dissipate, and does not burn. Lead residue lasts, and lasts, and lasts. It does not go away. It is estimated that at least 10 million metric tons of lead residue is currently in our environment.
(4) LEAD has been used in the Baltimore geographic area since Colonial times. Most of the lead in the environment of Baltimore is legacy (old) lead -- a lot of it remaining from Colonial times.
(5) LEAD in paint. Many house and apartments built before 1978 in Baltimore and throughout the United States contain lead paint. Lead paint consumer and residential use was banned by the Federal government in 1978.
(6) The Environmental Protection Agency (EPA) estimates that drinking water is the source of about 20 percent of lead exposure to humans in the United States. Lead leaches out into water from old lead pipes and service lines in city systems and from home plumbing. Even after lead pipes were banned by the Federal government, lead solder was legal for use on drinking water lines until the 1980s, and is still for sale in hardware stores. Faucets and plumbing fittings may legally contain up to 8 percent lead. The greatest risk is to infants using formula mixed with lead-contaminated water.
(7) Lead dust can be released from chipping and peeling lead paint. Home renovation projects can disturb lead paint, which is why only Maryland Department of the Environment (MDE)- lead certified contractors should be used to do any residential renovation work on pre-1978 built residential units.
(8) It could be argued that Baltimore has been "ground zero" for lead paint poisoning lawsuits for many years. In fact, in 1951 Baltimore banned the use of lead pigment in interior paint in Baltimore housing. This was the first such lead paint restriction in the United States.
(9) I always recommend the following three(3) key points to my landlord clients for avoiding lead paint lawsuits : MAINTENANCE of the property; NOTICE to the tenants; and RECORD KEEPING
regarding the property and the tenant.
Charles Jerome Ware, LLC is a premier lead poisoning defense law firm which is Maryland-based and nationally respected. For an initial courtesy consultation, contact us at (410) 720-6129 when you are sued for lead poisoning. We can help you.
(1) LEAD POISONING ("Plumbism") is one of the most common environmental child health problems in the United States. It is caused by too much lead in the body. It is particularly harmful in sufficient quantities to children younger than age 6 who inhale lead dust or eat lead chips, etc. Anyone, however, who eats, drinks or breathes too much lead can get lead poisoning.
(2) LEAD (Pb) can come from several sources : pre-1978 built residential units (houses and apartments), drinking water, the air we breathe, dust, soil, playgrounds, pipes and other plumbing items, foods and beverages, foreign-made toys and furniture, painted ceramic products, home remedies, work sites and hobbies, pottery, cosmetics, other products, etc.
(3) LEAD has been used by people since about 4,000 BC. It does not dissolve in water, does not dissipate, and does not burn. Lead residue lasts, and lasts, and lasts. It does not go away. It is estimated that at least 10 million metric tons of lead residue is currently in our environment.
(4) LEAD has been used in the Baltimore geographic area since Colonial times. Most of the lead in the environment of Baltimore is legacy (old) lead -- a lot of it remaining from Colonial times.
(5) LEAD in paint. Many house and apartments built before 1978 in Baltimore and throughout the United States contain lead paint. Lead paint consumer and residential use was banned by the Federal government in 1978.
(6) The Environmental Protection Agency (EPA) estimates that drinking water is the source of about 20 percent of lead exposure to humans in the United States. Lead leaches out into water from old lead pipes and service lines in city systems and from home plumbing. Even after lead pipes were banned by the Federal government, lead solder was legal for use on drinking water lines until the 1980s, and is still for sale in hardware stores. Faucets and plumbing fittings may legally contain up to 8 percent lead. The greatest risk is to infants using formula mixed with lead-contaminated water.
(7) Lead dust can be released from chipping and peeling lead paint. Home renovation projects can disturb lead paint, which is why only Maryland Department of the Environment (MDE)- lead certified contractors should be used to do any residential renovation work on pre-1978 built residential units.
(8) It could be argued that Baltimore has been "ground zero" for lead paint poisoning lawsuits for many years. In fact, in 1951 Baltimore banned the use of lead pigment in interior paint in Baltimore housing. This was the first such lead paint restriction in the United States.
(9) I always recommend the following three(3) key points to my landlord clients for avoiding lead paint lawsuits : MAINTENANCE of the property; NOTICE to the tenants; and RECORD KEEPING
regarding the property and the tenant.
The Lawyer's Mailbox: The Science Behind Field Sobriety Tests (FSTs) : T...
The Lawyer's Mailbox: The Science Behind Field Sobriety Tests (FSTs) : T...: www.charlesjeromeware.com "Here to make a Difference." Premier defense attorney Charles Jerome Ware is Mary...
The Science Behind Field Sobriety Tests (FSTs) : THERE IS NONE !
www.charlesjeromeware.com "Here to make a Difference."
Premier defense attorney Charles Jerome Ware is Maryland-based, nationally recognized and respected, and he is ranked by his numerous satisfied clients as well as his legal peers as one of Maryland's "BEST 10 DUI and DWI ATTORNEYS" [AIDUIA]. For an initial courtesy consultation, contact Attorney Charles Ware at (410) 720-6129.
In the states that I am aware of, field sobriety tests (FSTs) are voluntary, not mandatory. They are also very subjective. In fact, I will go so far as to say the FSTs are designed for you to fail. It is the police officer's behavioral observations of you that control the situation; not any science at all.
There is no reliable "science" at all behind the administering of field sobriety tests (FSTs).
Even when police officers allegedly follow SFST manual instructions they almost invariably do so incorrectly. Honest reliability of these tests is zero. There are simply too many variables involved in roadside SFST testing.
It is no fluke that one of the alleged developers of SFSTs, Dr. Marcelline Burns, was declared not qualified to testify as an expert witness about the alleged scientific principles behind the HGN (horizontal gaze nystagmus) test [ Lasworth v. State, 42 P. 2d 844 (N.M. App. 2001)]. Further, many courts have ruled that SFSTs given by the arresting officer were not " a scientific procedure", but "simply a behavioral observation on the officer's part" [ Crawford v. City of Forest Park, 215 Ga. App. 234 (1994)].
In addition, I continue to believe that when held at roadside by a police officer for any extended time --- including an SFST --- you are in a " custody" situation which requires constitutional protections ( i. e., right to an attorney, etc.).
Premier defense attorney Charles Jerome Ware is Maryland-based, nationally recognized and respected, and he is ranked by his numerous satisfied clients as well as his legal peers as one of Maryland's "BEST 10 DUI and DWI ATTORNEYS" [AIDUIA]. For an initial courtesy consultation, contact Attorney Charles Ware at (410) 720-6129.
In the states that I am aware of, field sobriety tests (FSTs) are voluntary, not mandatory. They are also very subjective. In fact, I will go so far as to say the FSTs are designed for you to fail. It is the police officer's behavioral observations of you that control the situation; not any science at all.
There is no reliable "science" at all behind the administering of field sobriety tests (FSTs).
Even when police officers allegedly follow SFST manual instructions they almost invariably do so incorrectly. Honest reliability of these tests is zero. There are simply too many variables involved in roadside SFST testing.
It is no fluke that one of the alleged developers of SFSTs, Dr. Marcelline Burns, was declared not qualified to testify as an expert witness about the alleged scientific principles behind the HGN (horizontal gaze nystagmus) test [ Lasworth v. State, 42 P. 2d 844 (N.M. App. 2001)]. Further, many courts have ruled that SFSTs given by the arresting officer were not " a scientific procedure", but "simply a behavioral observation on the officer's part" [ Crawford v. City of Forest Park, 215 Ga. App. 234 (1994)].
In addition, I continue to believe that when held at roadside by a police officer for any extended time --- including an SFST --- you are in a " custody" situation which requires constitutional protections ( i. e., right to an attorney, etc.).
Thursday, July 30, 2015
The Lawyer's Mailbox: BASIC LEAD (PB) FACTS 101 - LEAD PAINT DEFENSE ATT...
The Lawyer's Mailbox: BASIC LEAD (PB) FACTS 101 - LEAD PAINT DEFENSE ATT...: www.charlesjeromeware.com "Here to make a Difference." Charles Jerome Ware, LLC is a premier, Mary...
BASIC LEAD (PB) FACTS 101 - LEAD PAINT DEFENSE ATTORNEY SUMMARY
www.charlesjeromeware.com "Here to make a Difference."
Charles Jerome Ware, LLC is a premier, Maryland-based, nationally recognized and respected lead paint poisoning defense law firm. For an initial courtesy consultation, contact the firm at (410) 720-6129. We can help you when you are being sued for lead paint poisoning.
LEAD = Symbol : Pb ("Plumbum")
Atomic Number = 82
Melting Point = 327.5 Degrees Centigrade
Boiling Point = 1740.0 Degrees Centigrade
_____________________________________________
Lead is an element that occurs naturally in the earth's crust. It makes up about 0.0013 of the earth's core. There are high concentrations of lead in some rock formations, and these mineral sources are mined and the lead is concentrated by smelting. Lead contamination of surface soils occurs at mining and smelting sites, and many people live nearby these sites. The lead from smelters is used to make many types of products and thus people have spread it through the environment in many ways. Currently, probably the major consumer product from lead in the United States is lead acid batteries. Lead used to be in paint and gasoline; but no more in the United States. In 1978 the Federal government banned the use of leaded paint for consumer and residential purposes. Batteries are considered industrial in nature. And, by the way, "lead" pencils do not contain the element lead, since pencils are considered a consumer product pursuant to the 1978 Federal law.
Although the actual date of discovery of lead is unknown, it is believed to have been used for utilitarian purpose for over 6,000 years ( since about 4,000 BC). The abundance use of lead by the Roman Empire is believed to have contributed to its downfall. The Romans added it to sweeten their wine and other drinks, their plumbing, viaducts, cooking utensils, other foodstuffs and products, etc. Eventually its use caused severe medical problems and abnormalities in the Roman population. needless to say, consumption (ingestion or inhalation) of lead in sufficient quantities can be hazardous to the human; and particularly in infants and young children up to age 6.
Lead can be found in many places in our society, including: the air we breathe, the soil, dust, drinking water, pipes and other plumbing items, foreign-made toys, furniture, pottery, cosmetics, jewelry, job and industrial sites, and many other products and sources. It is "interrupted" lead paint that can be harmful; such as lead paint chips, flakes, dust, etc., that children ingest or inhale. "Uninterrupted" lead paint is not considered to be hazardous.
Charles Jerome Ware, LLC is a premier, Maryland-based, nationally recognized and respected lead paint poisoning defense law firm. For an initial courtesy consultation, contact the firm at (410) 720-6129. We can help you when you are being sued for lead paint poisoning.
LEAD = Symbol : Pb ("Plumbum")
Atomic Number = 82
Melting Point = 327.5 Degrees Centigrade
Boiling Point = 1740.0 Degrees Centigrade
_____________________________________________
Lead is an element that occurs naturally in the earth's crust. It makes up about 0.0013 of the earth's core. There are high concentrations of lead in some rock formations, and these mineral sources are mined and the lead is concentrated by smelting. Lead contamination of surface soils occurs at mining and smelting sites, and many people live nearby these sites. The lead from smelters is used to make many types of products and thus people have spread it through the environment in many ways. Currently, probably the major consumer product from lead in the United States is lead acid batteries. Lead used to be in paint and gasoline; but no more in the United States. In 1978 the Federal government banned the use of leaded paint for consumer and residential purposes. Batteries are considered industrial in nature. And, by the way, "lead" pencils do not contain the element lead, since pencils are considered a consumer product pursuant to the 1978 Federal law.
Although the actual date of discovery of lead is unknown, it is believed to have been used for utilitarian purpose for over 6,000 years ( since about 4,000 BC). The abundance use of lead by the Roman Empire is believed to have contributed to its downfall. The Romans added it to sweeten their wine and other drinks, their plumbing, viaducts, cooking utensils, other foodstuffs and products, etc. Eventually its use caused severe medical problems and abnormalities in the Roman population. needless to say, consumption (ingestion or inhalation) of lead in sufficient quantities can be hazardous to the human; and particularly in infants and young children up to age 6.
Lead can be found in many places in our society, including: the air we breathe, the soil, dust, drinking water, pipes and other plumbing items, foreign-made toys, furniture, pottery, cosmetics, jewelry, job and industrial sites, and many other products and sources. It is "interrupted" lead paint that can be harmful; such as lead paint chips, flakes, dust, etc., that children ingest or inhale. "Uninterrupted" lead paint is not considered to be hazardous.
The Lawyer's Mailbox: MDDD : MARYLAND DEFENSES to DRUNK DRIVING
The Lawyer's Mailbox: MDDD : MARYLAND DEFENSES to DRUNK DRIVING: www.charlesjeromeware.com "Here to make a Difference." Premier defense attorney Charles Jerome Ware is ranked ...
MDDD : MARYLAND DEFENSES to DRUNK DRIVING
www.charlesjeromeware.com "Here to make a Difference."
Premier defense attorney Charles Jerome Ware is ranked by his many satisfied clients as well as his legal peers as being one of Maryland's " BEST 10 DUI and DWI Attorneys" [AIDUIA]. For an initial courtesy consultation, contact him at (410) 720-6129. He can help when you are arrested or charged with drunk driving offenses.
Driving under the influence of alcohol (DUI), or "drunk driving", as it is usually called, is one of the most commonly committed crimes in the United States. Yet it is also most commonly committed by non-criminals --- that is, by otherwise respectable citizens who have never been in trouble with the law, otherwise. Consequently, representation of DUI defendants is often attempted by attorneys not well-versed in criminal law. Typically, defendants use business or family lawyers to undertake representation of them "as a favor". Not a good idea. Drunk driving, the client and the lawyer tell themselves, is merely a glorified traffic offense. Wrong. Drunk driving cases should be taken very seriously, particularly since their convictions carry serious consequences.
Though one of the most common of all criminal and traffic offenses, drunk driving is one of the most complex to understand and defend against properly. The stakes are high : possible loss of job or even career, stigma, emotional and mental distress, etc. Further, a relatively unique system of legal standards and procedures exists in drunk driving cases that is geared towards facilitation of DUI and DWI convictions. Despite this "stacked deck" against defendants in these cases, there are in fact several legal defenses to drunk driving charges. Just a few are as follows:
(1) Necessity -- The person was diving to prevent a greater wrong or so-called "greater evil".
(2) Duress -- Driving to avoid serious injury or death.
(3) Entrapment -- The officer asks or influences the person to drive while drunk.
(4)Mistake of fact -- The person honestly believes he or she is not drunk.
(5) Involuntary intoxication -- The person is unwittingly drunk ( ex., "spiked" punch bowl, etc.).
(6) Improper stop -- The officer lacked probable cause to stop the motorist.
(7) Improperly administered or inaccurate results of field sobriety tests (FSTs).
(8) Improperly administered or inaccurate results of breath test results (BTEs).
(9) Improperly administered or inaccurate results of blood test results.
(10) Rising blood alcohol concentration (RBAC).
(11) Accused not the driver.
(12) Improper police actions -- evidence tampering, civil rights violations, etc.
Premier defense attorney Charles Jerome Ware is ranked by his many satisfied clients as well as his legal peers as being one of Maryland's " BEST 10 DUI and DWI Attorneys" [AIDUIA]. For an initial courtesy consultation, contact him at (410) 720-6129. He can help when you are arrested or charged with drunk driving offenses.
Driving under the influence of alcohol (DUI), or "drunk driving", as it is usually called, is one of the most commonly committed crimes in the United States. Yet it is also most commonly committed by non-criminals --- that is, by otherwise respectable citizens who have never been in trouble with the law, otherwise. Consequently, representation of DUI defendants is often attempted by attorneys not well-versed in criminal law. Typically, defendants use business or family lawyers to undertake representation of them "as a favor". Not a good idea. Drunk driving, the client and the lawyer tell themselves, is merely a glorified traffic offense. Wrong. Drunk driving cases should be taken very seriously, particularly since their convictions carry serious consequences.
Though one of the most common of all criminal and traffic offenses, drunk driving is one of the most complex to understand and defend against properly. The stakes are high : possible loss of job or even career, stigma, emotional and mental distress, etc. Further, a relatively unique system of legal standards and procedures exists in drunk driving cases that is geared towards facilitation of DUI and DWI convictions. Despite this "stacked deck" against defendants in these cases, there are in fact several legal defenses to drunk driving charges. Just a few are as follows:
(1) Necessity -- The person was diving to prevent a greater wrong or so-called "greater evil".
(2) Duress -- Driving to avoid serious injury or death.
(3) Entrapment -- The officer asks or influences the person to drive while drunk.
(4)Mistake of fact -- The person honestly believes he or she is not drunk.
(5) Involuntary intoxication -- The person is unwittingly drunk ( ex., "spiked" punch bowl, etc.).
(6) Improper stop -- The officer lacked probable cause to stop the motorist.
(7) Improperly administered or inaccurate results of field sobriety tests (FSTs).
(8) Improperly administered or inaccurate results of breath test results (BTEs).
(9) Improperly administered or inaccurate results of blood test results.
(10) Rising blood alcohol concentration (RBAC).
(11) Accused not the driver.
(12) Improper police actions -- evidence tampering, civil rights violations, etc.
DEFENSIVE BALTIMORE LEAD PAINT CASE STRATEGIES : CHARLES JEROME WARE, LLC
www.charlesjeromeware.com "Here to make a Difference."
Charles Jerome Ware, LLC is a premier, Maryland-based, nationally recognized and respected lead paint poisoning defense law firm. For an initial courtesy consultation, contact the firm at (410) 720-6129. We can help you when you have been sued in a lead paint case.
Baltimore is considered by many to be "ground zero" for lead poisoning. In fact, numerous judges and commentators have suggested that in certain circumstances lead poisoning ("plumbism") cases are "indefensible". We respectfully disagree. We have found that there are always some defenses in these cases.
Certainly, the presence of lead (Pb) in Baltimore from all sources is a public health crisis. The sources, however, are from much more than just pre-1978 built residences. Other sources of toxic lead can include drinking water, dust, soil, plumbing, the air we breathe, home remedies, playgrounds, job sites, other industrial sites, hobbies, pottery, toys, jewelry, other products, etc.
Most of the lead we encounter in our everyday existence is what I call "legacy lead" (old lead). Because lead is not able to be dissolved in water or biodegrade, dissipate, decay, or burn --- it lasts, and lasts, and lasts. Some estimate that more than 10 million metric tons of lead residue exist in our environment.
Lead was known to mankind as early as 4,000 BC. Both the Egyptians and the Hebrews used lead, and the Phoenicians mined lead ore in Spain around 2000 BC.
The Romans are reported to have produced an average of 60,000 tons of lead a year for about 400 years. They used it prolifically for their plumbing and other piping, glazed pottery, cooking utensils, and even added lead to sweeten their wine --- which they consumed in abundance.
Lead poisoning ("plumbism") from all these sources must have been common in ancient Rome. The poisoning was epidemic and is said to have caused many medical problems, including stillbirths, deformities, and brain damage, etc. Therefore, consumption of lead is alleged to have contributed to the fall of the Roman Empire.
It should be noted that lead poisoning ("plumbism") occurs by ingestion or inhalation of lead (Pb).
Therefore, uninterrupted lead paint is not harmful to the human body. It is "interrupted" lead (i.e., chipped, flaked, dust, scratched, etc.) that is ingested or inhaled in sufficient amounts (particularly by infants and young children up to age 6) which can be hazardous.
Lead Paint Case Recommendations for Baltimore Landlords
1. Before renting a residential unit to a new tenant, require the prospective tenant to disclose the names and ages of all persons who will reside in the unit.
2. Inspect the residential unit with the prospective tenant and require the tenant ti sign aqn inspection sheet confirming that each room is free of peeling, flaking, or other defective paint conditions.
3. Conduct periodic inspections of each residential unit and follow the same procedure with respect to the maintenance of inspection sheets signed by tenants.
4. Treat all complaints of peeling or flaking paint conditions as emergencies requiring immediate attention.
5. Retain Maryland-licensed and insured contactors with experience in the field to perform any required abatement work.
6. Maintain copious records of all maintenance, repair, and paint work performed within each residential unit.
7. If denied access to a residential unit to perform an inspection or maintenance work, document the denial within the tenant's folder and follow-up with a letter to the tenant confirming the failure to gain access to the unit.
Charles Jerome Ware, LLC is a premier, Maryland-based, nationally recognized and respected lead paint poisoning defense law firm. For an initial courtesy consultation, contact the firm at (410) 720-6129. We can help you when you have been sued in a lead paint case.
Baltimore is considered by many to be "ground zero" for lead poisoning. In fact, numerous judges and commentators have suggested that in certain circumstances lead poisoning ("plumbism") cases are "indefensible". We respectfully disagree. We have found that there are always some defenses in these cases.
Certainly, the presence of lead (Pb) in Baltimore from all sources is a public health crisis. The sources, however, are from much more than just pre-1978 built residences. Other sources of toxic lead can include drinking water, dust, soil, plumbing, the air we breathe, home remedies, playgrounds, job sites, other industrial sites, hobbies, pottery, toys, jewelry, other products, etc.
Most of the lead we encounter in our everyday existence is what I call "legacy lead" (old lead). Because lead is not able to be dissolved in water or biodegrade, dissipate, decay, or burn --- it lasts, and lasts, and lasts. Some estimate that more than 10 million metric tons of lead residue exist in our environment.
Lead was known to mankind as early as 4,000 BC. Both the Egyptians and the Hebrews used lead, and the Phoenicians mined lead ore in Spain around 2000 BC.
The Romans are reported to have produced an average of 60,000 tons of lead a year for about 400 years. They used it prolifically for their plumbing and other piping, glazed pottery, cooking utensils, and even added lead to sweeten their wine --- which they consumed in abundance.
Lead poisoning ("plumbism") from all these sources must have been common in ancient Rome. The poisoning was epidemic and is said to have caused many medical problems, including stillbirths, deformities, and brain damage, etc. Therefore, consumption of lead is alleged to have contributed to the fall of the Roman Empire.
It should be noted that lead poisoning ("plumbism") occurs by ingestion or inhalation of lead (Pb).
Therefore, uninterrupted lead paint is not harmful to the human body. It is "interrupted" lead (i.e., chipped, flaked, dust, scratched, etc.) that is ingested or inhaled in sufficient amounts (particularly by infants and young children up to age 6) which can be hazardous.
Lead Paint Case Recommendations for Baltimore Landlords
1. Before renting a residential unit to a new tenant, require the prospective tenant to disclose the names and ages of all persons who will reside in the unit.
2. Inspect the residential unit with the prospective tenant and require the tenant ti sign aqn inspection sheet confirming that each room is free of peeling, flaking, or other defective paint conditions.
3. Conduct periodic inspections of each residential unit and follow the same procedure with respect to the maintenance of inspection sheets signed by tenants.
4. Treat all complaints of peeling or flaking paint conditions as emergencies requiring immediate attention.
5. Retain Maryland-licensed and insured contactors with experience in the field to perform any required abatement work.
6. Maintain copious records of all maintenance, repair, and paint work performed within each residential unit.
7. If denied access to a residential unit to perform an inspection or maintenance work, document the denial within the tenant's folder and follow-up with a letter to the tenant confirming the failure to gain access to the unit.
Wednesday, July 29, 2015
The Lawyer's Mailbox: MARYLAND BEST LAWYERS --- BALTIMORE LEAD PAINT DEF...
The Lawyer's Mailbox: MARYLAND BEST LAWYERS --- BALTIMORE LEAD PAINT DEF...: www.charlesjeromeware.com "Here to make a Difference." Charles Jerome Ware, LLC is a premier, Maryland-based, nationally-resp...
MARYLAND BEST LAWYERS --- BALTIMORE LEAD PAINT DEFENSE : CHARLES JEROME WARE, LLC
www.charlesjeromeware.com "Here to make a Difference."
Charles Jerome Ware, LLC is a premier, Maryland-based, nationally-respected lead paint poisoning defense law firm. Attorney Charles Ware is ranked by his many satisfied clients as well as his legal peers as one of the very best defense attorneys in this area of law in Maryland and throughout the United States. For an initial courtesy consultation, contact the firm at (410) 720-6129.
There are numerous judges and commentators who have suggested that in certain circumstances in major metropolitan areas such as Baltimore, D.C., Philadelphia, New York and Boston, lead paint poisoning cases are "indefensible". We respectfully disagree. We believe there are always defenses in these unfortunate cases.
Lead (Pb) can be found in numerous sources in Baltimore, etc., including drinking water, dust, soil, jewelry, plumbing, job sites, pottery, pre 1978-built residences (including houses and apartments), home remedies, toys, hobbies, and even the air we breathe.
Charles Jerome Ware, LLC is a premier, Maryland-based, nationally-respected lead paint poisoning defense law firm. Attorney Charles Ware is ranked by his many satisfied clients as well as his legal peers as one of the very best defense attorneys in this area of law in Maryland and throughout the United States. For an initial courtesy consultation, contact the firm at (410) 720-6129.
There are numerous judges and commentators who have suggested that in certain circumstances in major metropolitan areas such as Baltimore, D.C., Philadelphia, New York and Boston, lead paint poisoning cases are "indefensible". We respectfully disagree. We believe there are always defenses in these unfortunate cases.
Lead (Pb) can be found in numerous sources in Baltimore, etc., including drinking water, dust, soil, jewelry, plumbing, job sites, pottery, pre 1978-built residences (including houses and apartments), home remedies, toys, hobbies, and even the air we breathe.
Monday, July 27, 2015
The Lawyer's Mailbox: THE BALTIMORE LEAD PAINT STORY: Defense Attorney C...
The Lawyer's Mailbox: THE BALTIMORE LEAD PAINT STORY: Defense Attorney C...: www.charlesjeromeware.com "Here to make a Difference." Premier lead paint defense attorney Charles Jerome Ware is M...
THE BALTIMORE LEAD PAINT STORY: Defense Attorney Charles Ware
www.charlesjeromeware.com "Here to make a Difference."
Premier lead paint defense attorney Charles Jerome Ware is Maryland-based and nationally respected for his successful legal representation of clients who have been sued in lead paint cases in Baltimore and Washington, D.C. For an initial courtesy consultation, contact defense attorney Charles Ware at (410) 720-6129. He and his colleagues can help you.
Attorney Charles Ware is the author of five(5) best-selling books. His forthcoming new book (in 2016) will include complete and helpful input on the Baltimore lead paint story. The book is tentatively titled : DEFENDING LEAD PAINT POISONING cases : "B LURRED PLUMBISM".
The use of lead ("white lead" at that time) began in America, including the Baltimore area, during Colonial times, and ultimately peaked in use in the United States in1922. In 1951, Baltimore city banned the use of lead pigment in paint used in the interior of Baltimore housing; the very first such restriction of its kind for lead paint in the United States. In 1978, the Federal government banned consumer uses of lead paint ( this included, of course, the use of lead paint in homes, et al.).
When lead-based paint was marketed before 1978, it was a legal product in great demand because it was washable and durable. Up to 1978, when it was banned nationally for consumer uses, it was quite popular for use in homes and other buildings in Baltimore, and elsewhere. *****
<more coming>
Premier lead paint defense attorney Charles Jerome Ware is Maryland-based and nationally respected for his successful legal representation of clients who have been sued in lead paint cases in Baltimore and Washington, D.C. For an initial courtesy consultation, contact defense attorney Charles Ware at (410) 720-6129. He and his colleagues can help you.
Attorney Charles Ware is the author of five(5) best-selling books. His forthcoming new book (in 2016) will include complete and helpful input on the Baltimore lead paint story. The book is tentatively titled : DEFENDING LEAD PAINT POISONING cases : "B LURRED PLUMBISM".
The use of lead ("white lead" at that time) began in America, including the Baltimore area, during Colonial times, and ultimately peaked in use in the United States in1922. In 1951, Baltimore city banned the use of lead pigment in paint used in the interior of Baltimore housing; the very first such restriction of its kind for lead paint in the United States. In 1978, the Federal government banned consumer uses of lead paint ( this included, of course, the use of lead paint in homes, et al.).
When lead-based paint was marketed before 1978, it was a legal product in great demand because it was washable and durable. Up to 1978, when it was banned nationally for consumer uses, it was quite popular for use in homes and other buildings in Baltimore, and elsewhere. *****
<more coming>
The Lawyer's Mailbox: BALT., HO. CO., MARYLAND DOMESTIC ASSAULT DEFENSE ...
The Lawyer's Mailbox: BALT., HO. CO., MARYLAND DOMESTIC ASSAULT DEFENSE ...: www.charlesjeromeware.com "here to make a Difference." Charles Jerome Ware, LLC is a premier, Maryland-based, n...
BALT., HO. CO., MARYLAND DOMESTIC ASSAULT DEFENSE 101 --- CHARLES JEROME WARE, LLC
www.charlesjeromeware.com "here to make a Difference."
Charles Jerome Ware, LLC is a premier, Maryland-based, nationally respected criminal defense law firm. For an initial courtesy consultation, contact the firm at (410) 720-6129. We can help you. Attorney Charles Ware is ranked as one of America's best criminal defense and civil ligation lawyers.
In Maryland, domestic assault is treated very seriously by the courts. It is important that you engage an experienced and knowledgeable criminal defense attorney if you are charged with this offense.
There are several types of assault in Maryland. Some can result in up to 25 years time in prison, while others are minor and may result in no more than a five-year sentence of incarceration.
Assault is defined in Maryland as an attempt to touch someone else without their consent. Usually the touching in question is an act of violence, such as a punch or threatening someone with a weapon.
First (1st) Degree Assault is a very serious crime which occurs when someone causes serious physical injury to another person. The maximum sentence for 1st degree assault is 25 years incarceration. Second (2nd) Degree Assault is defined as causing someone physical injury. A person convicted of 2nd degree assault can face up to 10 years in prison. A person who assaults an officer of the law will automatically face a maximum of 10 years in prison. If you poison someone by contaminating their food or water, that counts as assault as well and comes with maximum 20-year prison sentence. There are others.
A few common defenses to assault are : lack of evidence, self-defense, incapacity or inability, etc.
Charles Jerome Ware, LLC is a premier, Maryland-based, nationally respected criminal defense law firm. For an initial courtesy consultation, contact the firm at (410) 720-6129. We can help you. Attorney Charles Ware is ranked as one of America's best criminal defense and civil ligation lawyers.
In Maryland, domestic assault is treated very seriously by the courts. It is important that you engage an experienced and knowledgeable criminal defense attorney if you are charged with this offense.
There are several types of assault in Maryland. Some can result in up to 25 years time in prison, while others are minor and may result in no more than a five-year sentence of incarceration.
Assault is defined in Maryland as an attempt to touch someone else without their consent. Usually the touching in question is an act of violence, such as a punch or threatening someone with a weapon.
First (1st) Degree Assault is a very serious crime which occurs when someone causes serious physical injury to another person. The maximum sentence for 1st degree assault is 25 years incarceration. Second (2nd) Degree Assault is defined as causing someone physical injury. A person convicted of 2nd degree assault can face up to 10 years in prison. A person who assaults an officer of the law will automatically face a maximum of 10 years in prison. If you poison someone by contaminating their food or water, that counts as assault as well and comes with maximum 20-year prison sentence. There are others.
A few common defenses to assault are : lack of evidence, self-defense, incapacity or inability, etc.
The Lawyer's Mailbox: MARYLAND WORK LAWS 101 --- CHARLES JEROME WARE, LL...
The Lawyer's Mailbox: MARYLAND WORK LAWS 101 --- CHARLES JEROME WARE, LL...: www.charlesjeromeware.com " Here to make a Difference." For an initial courtesy consultation with this premier, Mary...
MARYLAND WORK LAWS 101 --- CHARLES JEROME WARE, LLC
www.charlesjeromeware.com " Here to make a Difference."
For an initial courtesy consultation with this premier, Maryland-based, nationally respected employment and discrimination law firm, contact us at (410) 720-6129.
We can help you.
SOME BASIC POINTS
1. Employers cannot consider factors such as race, color, religion, disability, age, gender or pregnancy when interviewing and making hiring decisions.
2. Federal law establishes minimum wage and overtime rules to cover most, but not all, employees.
Maryland also has its own minimum wage laws and they are consistent with Federal laws.
3. Employers must provide safe working environments.
4. All forms of harassment in the workplace are illegal pursuant to Federal law.
5. Like most states in the United States, Maryland is an at-will employment jurisdiction. Unless an employment contract specifically states otherwise, either party (employee or employer) may end the employment relationship for almost any reason. Employers cannot, however, terminate employees for illegal reasons such as discriminatory issues based on age, gender, race, national origin, or disability, sexual orientation, religion, etc.
For an initial courtesy consultation with this premier, Maryland-based, nationally respected employment and discrimination law firm, contact us at (410) 720-6129.
We can help you.
SOME BASIC POINTS
1. Employers cannot consider factors such as race, color, religion, disability, age, gender or pregnancy when interviewing and making hiring decisions.
2. Federal law establishes minimum wage and overtime rules to cover most, but not all, employees.
Maryland also has its own minimum wage laws and they are consistent with Federal laws.
3. Employers must provide safe working environments.
4. All forms of harassment in the workplace are illegal pursuant to Federal law.
5. Like most states in the United States, Maryland is an at-will employment jurisdiction. Unless an employment contract specifically states otherwise, either party (employee or employer) may end the employment relationship for almost any reason. Employers cannot, however, terminate employees for illegal reasons such as discriminatory issues based on age, gender, race, national origin, or disability, sexual orientation, religion, etc.
Friday, July 24, 2015
The Lawyer's Mailbox: BALTIMORE DEFENDANTS : "GROUND ZERO" FOR LEAD PAIN...
The Lawyer's Mailbox: BALTIMORE DEFENDANTS : "GROUND ZERO" FOR LEAD PAIN...: www.charlesjeromeware.com "Here to make a Difference." Charles Jerome Ware, LLC is premier, Maryland-based, nat...
BALTIMORE DEFENDANTS : "GROUND ZERO" FOR LEAD PAINT CASES
www.charlesjeromeware.com "Here to make a Difference."
Charles Jerome Ware, LLC is premier, Maryland-based, nationally-recognized and respected landlord lead paint defense law firm. For an initial courtesy consultation, contact the firm at (410) 720-6129. If you have been sued in a lead paint case, we can help you.
When it comes to lead paint poisoning litigation, Baltimore is considered by many to be "ground zero". In fact, Baltimore was the very first jurisdiction in the United States (in 1951) to ban lead-based pigment in interior paint in Baltimore housing.
Numerous judges and commentators have suggested that in certain circumstances lead poisoning cases are "indefensible". We respectfully disagree.
The vast majority of lead (Pb) found in Baltimore is what I call "legacy" (or "old") lead; much of which has been around since Colonial times. It has lasted, and lasted, and lasted. It is estimated by some authorities that more than 10 million metric tons of lead residue is in the Earth's environment.
Much of the reason for this accumulation of lead is that lead is not able to dissolve in water or biodegrade, dissipate, decay, or burn. It stays.
However, lead paint is certainly not the only source of lead in Baltimore. Numerous other sources of lead include soil, dust, drinking water, jobs, hobbies, folk remedies, jewelry, cosmetics, food, other drinks, playgrounds, the air we breathe, etc..
Charles Jerome Ware, LLC is premier, Maryland-based, nationally-recognized and respected landlord lead paint defense law firm. For an initial courtesy consultation, contact the firm at (410) 720-6129. If you have been sued in a lead paint case, we can help you.
When it comes to lead paint poisoning litigation, Baltimore is considered by many to be "ground zero". In fact, Baltimore was the very first jurisdiction in the United States (in 1951) to ban lead-based pigment in interior paint in Baltimore housing.
Numerous judges and commentators have suggested that in certain circumstances lead poisoning cases are "indefensible". We respectfully disagree.
The vast majority of lead (Pb) found in Baltimore is what I call "legacy" (or "old") lead; much of which has been around since Colonial times. It has lasted, and lasted, and lasted. It is estimated by some authorities that more than 10 million metric tons of lead residue is in the Earth's environment.
Much of the reason for this accumulation of lead is that lead is not able to dissolve in water or biodegrade, dissipate, decay, or burn. It stays.
However, lead paint is certainly not the only source of lead in Baltimore. Numerous other sources of lead include soil, dust, drinking water, jobs, hobbies, folk remedies, jewelry, cosmetics, food, other drinks, playgrounds, the air we breathe, etc..
Wednesday, July 22, 2015
The Lawyer's Mailbox: FREDDIE GRAY DIED FROM BALTIMORE POLICE ACTIONS, N...
The Lawyer's Mailbox: FREDDIE GRAY DIED FROM BALTIMORE POLICE ACTIONS, N...: www.charlesjeromeware.com "Here to make a Difference." Charles Jerome Ware is a premier, Maryland-based, nationally-...
FREDDIE GRAY DIED FROM BALTIMORE POLICE ACTIONS, NOT FROM TOXIC LEAD
www.charlesjeromeware.com "Here to make a Difference."
Charles Jerome Ware is a premier, Maryland-based, nationally-renowned and respected landlord lead paint poisoning defense attorney. For an initial courtesy consultation, contact defense attorney Charles Ware at (410) 720-6129. He can help you when you have been sued in a lead paint case.
It is sad but true that lead poisoning is a public health problem in Baltimore. It is also very sad but true that most of the victims of lead poisoning in Baltimore come from the African-American community. Lead tends to be everywhere in Baltimore, but more likely in minority residential houses and apartments that were built before 1978. Lead (Pb) is a non-dissolvable, non- dissipating, non-burning heavy metal that does not go away. It unfortunately lasts, and lasts, and lasts. Further, lead tends to be more harmful to infants and young children up to age 6, who ingest or inhale it in sufficient quantity.. Those are the facts.
In the aftermath of the horrific homicide of Mr. Freddie Gray while in the custody of Baltimore City police earlier this year, many in the media apparently sought to deviate attention from the unlawful actions of the police to the issue of Mr. Gray's past lead paint case settlement. It is certainly true that many young Baltimoreans are victimized with lead toxicity from numerous and various sources in Baltimore City. But, the fact remains that in Freddie Gray's case it was not lead toxicity that killed him, it was the Baltimore City Police Department.
Charles Jerome Ware is a premier, Maryland-based, nationally-renowned and respected landlord lead paint poisoning defense attorney. For an initial courtesy consultation, contact defense attorney Charles Ware at (410) 720-6129. He can help you when you have been sued in a lead paint case.
It is sad but true that lead poisoning is a public health problem in Baltimore. It is also very sad but true that most of the victims of lead poisoning in Baltimore come from the African-American community. Lead tends to be everywhere in Baltimore, but more likely in minority residential houses and apartments that were built before 1978. Lead (Pb) is a non-dissolvable, non- dissipating, non-burning heavy metal that does not go away. It unfortunately lasts, and lasts, and lasts. Further, lead tends to be more harmful to infants and young children up to age 6, who ingest or inhale it in sufficient quantity.. Those are the facts.
In the aftermath of the horrific homicide of Mr. Freddie Gray while in the custody of Baltimore City police earlier this year, many in the media apparently sought to deviate attention from the unlawful actions of the police to the issue of Mr. Gray's past lead paint case settlement. It is certainly true that many young Baltimoreans are victimized with lead toxicity from numerous and various sources in Baltimore City. But, the fact remains that in Freddie Gray's case it was not lead toxicity that killed him, it was the Baltimore City Police Department.
The Lawyer's Mailbox: CHARLES JEROME WARE, LLC : "PREMIER" ATTORNEYS IN ...
The Lawyer's Mailbox: CHARLES JEROME WARE, LLC : "PREMIER" ATTORNEYS IN ...: www.charlesjeromeware.com "Here to make a Difference." Charles Jerome Ware, LLC is a Maryland-based, nationally-reno...
CHARLES JEROME WARE, LLC : "PREMIER" ATTORNEYS IN MARYLAND AND IN THE NATION
www.charlesjeromeware.com "Here to make a Difference."
Charles Jerome Ware, LLC is a Maryland-based, nationally-renowned and respected civil litigation and criminal defense law firm which is ranked "premier" in Maryland as well as throughout the Nation. For an initial courtesy consultation, contact the firm at (410) 720-6129. We can help you.
Charles Jerome Ware, LLC is a Maryland-based, nationally-renowned and respected civil litigation and criminal defense law firm which is ranked "premier" in Maryland as well as throughout the Nation. For an initial courtesy consultation, contact the firm at (410) 720-6129. We can help you.
The Lawyer's Mailbox: MARYLAND MED. MAL. ATTORNEY UPDATE: Engineering Sa...
The Lawyer's Mailbox: MARYLAND MED. MAL. ATTORNEY UPDATE: Engineering Sa...: www.charlesjeromeware.com "Here to make a Difference." Johns Hopkins Medicine researchers, in cooperation with the Operati...
MARYLAND MED. MAL. ATTORNEY UPDATE: Engineering Safer Spine Surgery
www.charlesjeromeware.com "Here to make a Difference."
Johns Hopkins Medicine researchers, in cooperation with the Operating Room Quality Assurance program and the National Institutes of Health, have developed software --- named "LevelCheck" --- that promises to provide "safer ways of imaging in the operating room."
Approximately one in every 3,100 surgical procedures on the spine is performed at the wrong place. In an effort to reduce these errors, Johns Hopkins Medicine Biomedical researchers have devised software that, in clinical evaluations, accurately labeled different levels of the spine on X-rays taken during surgery [ INSIGHT, July/August 2015, Published by Johns Hopkins Medicine Marketing and Communications].
Johns Hopkins Medicine anticipates clearance from the Food & Drug Administration (FDA) to begin working with humans in mid-2016.
Johns Hopkins Medicine researchers, in cooperation with the Operating Room Quality Assurance program and the National Institutes of Health, have developed software --- named "LevelCheck" --- that promises to provide "safer ways of imaging in the operating room."
Approximately one in every 3,100 surgical procedures on the spine is performed at the wrong place. In an effort to reduce these errors, Johns Hopkins Medicine Biomedical researchers have devised software that, in clinical evaluations, accurately labeled different levels of the spine on X-rays taken during surgery [ INSIGHT, July/August 2015, Published by Johns Hopkins Medicine Marketing and Communications].
Johns Hopkins Medicine anticipates clearance from the Food & Drug Administration (FDA) to begin working with humans in mid-2016.
Monday, July 20, 2015
BEST ATTORNEYS OF AMERICA : CHARLES JEROME WARE, LLC - of Maryland
www.charlesjeromeware.com " Here to make a Difference."
Since 1988, premier civil and criminal defense trial attorney Charles Jerome Ware has successfully represented his many satisfied clients in frequently the most difficult of cases and situations. Along the way, he has garnered numerous legal awards and recognitions too numerous to mention here; but, inter alia, including: BEST ATTORNEYS OF AMERICA (Maryland), U.S. SUPERLAWYER, TOP LAWYERS IN MARYLAND, CHARLES HAMILTON HOUSTON AWARD FOR OUTSTANDING TRIAL ADVOCACY (D.C.,Maryland, Virginia and Florida), CLIENT DISTINCTION AWARD (Maryland), WHO'S WHO OF BLACK BALTIMORE, Et AL.
For an initial courtesy consultation, contact the firm, Charles Jerome Ware, LLC, at (410) 720-6129.
Since 1988, premier civil and criminal defense trial attorney Charles Jerome Ware has successfully represented his many satisfied clients in frequently the most difficult of cases and situations. Along the way, he has garnered numerous legal awards and recognitions too numerous to mention here; but, inter alia, including: BEST ATTORNEYS OF AMERICA (Maryland), U.S. SUPERLAWYER, TOP LAWYERS IN MARYLAND, CHARLES HAMILTON HOUSTON AWARD FOR OUTSTANDING TRIAL ADVOCACY (D.C.,Maryland, Virginia and Florida), CLIENT DISTINCTION AWARD (Maryland), WHO'S WHO OF BLACK BALTIMORE, Et AL.
For an initial courtesy consultation, contact the firm, Charles Jerome Ware, LLC, at (410) 720-6129.
Saturday, July 18, 2015
The Lawyer's Mailbox: ELLICOTT CITY & HOWARD COUNTY DUI WITH RFI DEFENSE...
The Lawyer's Mailbox: ELLICOTT CITY & HOWARD COUNTY DUI WITH RFI DEFENSE...: www.charlesjeromeware.com "Here to make a Difference." Premier Maryland DUI and DWI defense attorney Charles Jerome W...
ELLICOTT CITY & HOWARD COUNTY DUI WITH RFI DEFENSES : CHARLES WARE's DRUNK DRIVING TIPS
www.charlesjeromeware.com "Here to make a Difference."
Premier Maryland DUI and DWI defense attorney Charles Jerome Ware is based locally in Howard County, and he is consistently ranked by his many satisfied clients and legal peers as one of Maryland's "BEST 10 DUI AND DWI ATTORNEYS" [AIDUUIA]. For an initial courtesy consultation, contact Attorney Charles Ware at (410) 720-6129. He can help you.
THE DUI AND DWI, AND RADIO FREQUENCY INTERFERENCE (RFI) EFFECTS
I have lectured on this subject to many lawyers, litigated defensively and successfully in several su trials on this issue, and I will repeat here and now :
Foreign (external or outside) radio waves or radiation can cause, and frequently do cause,
false readings in the breath testing devices or machines used to determine alcohol concen-
trations (BACs).
When in close proximity (same room,etc.) to a suspect and the breathalyzer machine being
operated to determine the suspect's BAC, electric or electronic devices such as radios,
cellphones, televisions, videotaping and other security devices, walkie-talkies, microwave
ovens, refrigerators, etc., can cause radio frequency interference (RFI) which can give false
readings by the breathalyzer machine. These false readings are invariably higher, thus
further unjustly incriminating the suspect.
Premier Maryland DUI and DWI defense attorney Charles Jerome Ware is based locally in Howard County, and he is consistently ranked by his many satisfied clients and legal peers as one of Maryland's "BEST 10 DUI AND DWI ATTORNEYS" [AIDUUIA]. For an initial courtesy consultation, contact Attorney Charles Ware at (410) 720-6129. He can help you.
THE DUI AND DWI, AND RADIO FREQUENCY INTERFERENCE (RFI) EFFECTS
I have lectured on this subject to many lawyers, litigated defensively and successfully in several su trials on this issue, and I will repeat here and now :
Foreign (external or outside) radio waves or radiation can cause, and frequently do cause,
false readings in the breath testing devices or machines used to determine alcohol concen-
trations (BACs).
When in close proximity (same room,etc.) to a suspect and the breathalyzer machine being
operated to determine the suspect's BAC, electric or electronic devices such as radios,
cellphones, televisions, videotaping and other security devices, walkie-talkies, microwave
ovens, refrigerators, etc., can cause radio frequency interference (RFI) which can give false
readings by the breathalyzer machine. These false readings are invariably higher, thus
further unjustly incriminating the suspect.
The Lawyer's Mailbox: BALTIMORE,MARYLAND LEAD PAINT CASE DEFENSE TIPS : ...
The Lawyer's Mailbox: BALTIMORE,MARYLAND LEAD PAINT CASE DEFENSE TIPS : ...: www.charlesjeromeware.com "Here to make a Difference." Charles Jerome Ware, LLC is a premier, nationally known and respect...
BALTIMORE,MARYLAND LEAD PAINT CASE DEFENSE TIPS : IMPROVING THE "TENANT FOLDER"
www.charlesjeromeware.com "Here to make a Difference."
Charles Jerome Ware, LLC is a premier, nationally known and respected, Maryland-based lead paint poisoning defense law firm. For an initial courtesy consultation if you are being sued in a lead paint case, contact the firm at (410) 720-6129. We can help you.
IMPROVING THE TENANT FOLDER
Needless to say, maintaining a complete and organized "tenant folder" is a necessary part of successful residential unit leasing in Baltimore. Ordinarily, landlords are advised to do so for purposes of tenant eviction proceedings. We believe it is equally important to maintain a good tenant folder for each tenant for the likely purposes of defending yourself against lead paint poisoning lawsuits brought by tenants and visitors to the premises.
We recommend that landlords adopt the following tips to improve their "tenant folders" in an effort to reduce potential lead paint claims and assist in the defense of these claims brought by tenants :
1. Before renting a residential unit (house or apartment) to a new tenant, require the prospective tenant to disclose the names and ages of all persons who will reside in the unit. Document.
2. Inspect the residential unit with the prospective tenant and require the tenant to sign an inspection sheet confirming that each room is free of peeling, flaking, or other defective paint conditions. Document.
3. Conduct periodic inspections of each residential unit and follow the same procedures with respect to the maintenance of inspection sheets signed by tenants. Document.
4. Treat all complaints of peeling of flaking paint conditions as emergencies requiring immediate attention. Document.
5. Engage Maryland-certified, licensed and insured contractors with experience in the field to perform any required abatement work. Document.
6. In cases of lead paint --- maintenance of the property, notice to the tenant, and documentation are important.
Charles Jerome Ware, LLC is a premier, nationally known and respected, Maryland-based lead paint poisoning defense law firm. For an initial courtesy consultation if you are being sued in a lead paint case, contact the firm at (410) 720-6129. We can help you.
IMPROVING THE TENANT FOLDER
Needless to say, maintaining a complete and organized "tenant folder" is a necessary part of successful residential unit leasing in Baltimore. Ordinarily, landlords are advised to do so for purposes of tenant eviction proceedings. We believe it is equally important to maintain a good tenant folder for each tenant for the likely purposes of defending yourself against lead paint poisoning lawsuits brought by tenants and visitors to the premises.
We recommend that landlords adopt the following tips to improve their "tenant folders" in an effort to reduce potential lead paint claims and assist in the defense of these claims brought by tenants :
1. Before renting a residential unit (house or apartment) to a new tenant, require the prospective tenant to disclose the names and ages of all persons who will reside in the unit. Document.
2. Inspect the residential unit with the prospective tenant and require the tenant to sign an inspection sheet confirming that each room is free of peeling, flaking, or other defective paint conditions. Document.
3. Conduct periodic inspections of each residential unit and follow the same procedures with respect to the maintenance of inspection sheets signed by tenants. Document.
4. Treat all complaints of peeling of flaking paint conditions as emergencies requiring immediate attention. Document.
5. Engage Maryland-certified, licensed and insured contractors with experience in the field to perform any required abatement work. Document.
6. In cases of lead paint --- maintenance of the property, notice to the tenant, and documentation are important.
Friday, July 17, 2015
The Lawyer's Mailbox: LANDLORDS, TENANTS & LEAD IN BALTIMORE : MARYLAND ...
The Lawyer's Mailbox: LANDLORDS, TENANTS & LEAD IN BALTIMORE : MARYLAND ...: www.charlesjeromeware.com "Here to make a Difference." The national law firm of Charles Jerome Ware, LLC is a pre...
LANDLORDS, TENANTS & LEAD IN BALTIMORE : MARYLAND PREMIER LEAD (Pb) DEFENSE ATTORNEYS
www.charlesjeromeware.com "Here to make a Difference."
The national law firm of Charles Jerome Ware, LLC is a premier landlord lead paint defense law firm headquartered in Maryland. For an initial courtesy consultation, contact the firm at (410) 720-6129. If you have been named as a defendant in a lead paint lawsuit, we can help you. Call us.
Disclosure Responsibilities of Landlords to New Tenants About Lead in Rental Properties:
In 1992, the Federal Residential Lead-Based Paint Hazard Reduction Act, commonly known as TITLE X, was passed. The TITLE X law is enforced by the U. S. Environmental Protection Agency (EPA) and it enforces regulations related to residential rental properties that were built before 1978.
Pursuant to TITLE X, landlords must disclose any known lead-based paint or lead hazards on the rental property before renewing or signing a new lease. In order for the disclosure to be valid, both the landlord and the tenant must sign an EPA-approved document which verifies that the landlord disclosed any known lead (Pb) on the rental property. Landlords must keep this document for their records for at least three (3) years after the landlord-tenant relationship began.
In addition to this disclosure to the tenant as well as the executed EPA-approved document, the landlord must also provide each tenant with the EPA pamphlet ( Protect Your Family From Lead In Your Home), or some other Maryland State-approved pamphlet.
There are several rental properties that are not covered by TITLE X. They include : lofts, efficiencies, studio apartments and other residential leased properties that contain no bedrooms; housing that had a construction permit after obtained after 1978, and any real property of which construction began after January 1, 1978; single rooms rented in a larger residential building; short-term rentals of 100 days or less; any housing that has been certified as lead-free by a Maryland State-certified lead inspector; any housing that was designed for elderly persons ( housing designed for seniors, at least one tenant is 62 years of age or older) or persons with disabilities, unless any child less than 6 years old resides there or is expected to reside there.
The national law firm of Charles Jerome Ware, LLC is a premier landlord lead paint defense law firm headquartered in Maryland. For an initial courtesy consultation, contact the firm at (410) 720-6129. If you have been named as a defendant in a lead paint lawsuit, we can help you. Call us.
Disclosure Responsibilities of Landlords to New Tenants About Lead in Rental Properties:
In 1992, the Federal Residential Lead-Based Paint Hazard Reduction Act, commonly known as TITLE X, was passed. The TITLE X law is enforced by the U. S. Environmental Protection Agency (EPA) and it enforces regulations related to residential rental properties that were built before 1978.
Pursuant to TITLE X, landlords must disclose any known lead-based paint or lead hazards on the rental property before renewing or signing a new lease. In order for the disclosure to be valid, both the landlord and the tenant must sign an EPA-approved document which verifies that the landlord disclosed any known lead (Pb) on the rental property. Landlords must keep this document for their records for at least three (3) years after the landlord-tenant relationship began.
In addition to this disclosure to the tenant as well as the executed EPA-approved document, the landlord must also provide each tenant with the EPA pamphlet ( Protect Your Family From Lead In Your Home), or some other Maryland State-approved pamphlet.
There are several rental properties that are not covered by TITLE X. They include : lofts, efficiencies, studio apartments and other residential leased properties that contain no bedrooms; housing that had a construction permit after obtained after 1978, and any real property of which construction began after January 1, 1978; single rooms rented in a larger residential building; short-term rentals of 100 days or less; any housing that has been certified as lead-free by a Maryland State-certified lead inspector; any housing that was designed for elderly persons ( housing designed for seniors, at least one tenant is 62 years of age or older) or persons with disabilities, unless any child less than 6 years old resides there or is expected to reside there.
The Lawyer's Mailbox: BALTIMORE LEAD PAINT DEFENSE ATTORNEYS: MARYLAND ...
The Lawyer's Mailbox: BALTIMORE LEAD PAINT DEFENSE ATTORNEYS: MARYLAND ...: www.charlesjeromeware.com "Here to make a Difference." The national law firm of Charles Jerome Ware, LLC is a premier, M...
BALTIMORE LEAD PAINT DEFENSE ATTORNEYS: MARYLAND LEAD PAINT ABATEMENT LAW
www.charlesjeromeware.com "Here to make a Difference."
The national law firm of Charles Jerome Ware, LLC is a premier, Maryland-based, landlord lead-based paint lawsuit defense firm. For an initial courtesy consultation, contact the firm at (410) 720-6129. If you are being sued in a lead paint case, we can help you defend yourself.
The Abatement of Lead Paint Hazards in Maryland
Under Maryland law, lead paint abatement is a set of measures designed to reduce, and preferably eliminate lead-based paint hazards. It is a very important issue in this state.
If you are a landlord for residential units constructed before 1978 in the Baltimore metropolitan area, you must be very aware generally of Maryland's lead laws, and in particular the state's lead paint abatement rules and procedures. Lead abatement work in Maryland on rental properties must be performed by Maryland State-certified professionals.
Anyone who provides a lead paint abatement service must be accredited(certified) by the Maryland Department of the Environment (MDE). The accredited/certified contractor must follow State-prescribed procedures covered in State regulations. Anyone who removes lead paint, or who conducts any other maintenance or home improvement activity which creates a hazard by distributing lead paint, must follow the safe practices which are included in the State regulations.
The national law firm of Charles Jerome Ware, LLC is a premier, Maryland-based, landlord lead-based paint lawsuit defense firm. For an initial courtesy consultation, contact the firm at (410) 720-6129. If you are being sued in a lead paint case, we can help you defend yourself.
The Abatement of Lead Paint Hazards in Maryland
Under Maryland law, lead paint abatement is a set of measures designed to reduce, and preferably eliminate lead-based paint hazards. It is a very important issue in this state.
If you are a landlord for residential units constructed before 1978 in the Baltimore metropolitan area, you must be very aware generally of Maryland's lead laws, and in particular the state's lead paint abatement rules and procedures. Lead abatement work in Maryland on rental properties must be performed by Maryland State-certified professionals.
Anyone who provides a lead paint abatement service must be accredited(certified) by the Maryland Department of the Environment (MDE). The accredited/certified contractor must follow State-prescribed procedures covered in State regulations. Anyone who removes lead paint, or who conducts any other maintenance or home improvement activity which creates a hazard by distributing lead paint, must follow the safe practices which are included in the State regulations.
Thursday, July 16, 2015
The Lawyer's Mailbox: MARYLAND "BEST 10" DUI & DWI ATTORNEY : RFI & DUI ...
The Lawyer's Mailbox: MARYLAND "BEST 10" DUI & DWI ATTORNEY : RFI & DUI ...: www.charlesjeromeware.com "Here to make a Difference." Premier defense attorney Charles Jerome Ware is nationally-known...
MARYLAND "BEST 10" DUI & DWI ATTORNEY : RFI & DUI BREATH TESTING DEFENSES
www.charlesjeromeware.com "Here to make a Difference."
Premier defense attorney Charles Jerome Ware is nationally-known and respected and Maryland-based. He is consistently ranked by his numerous satisfied clients and legal peers as one of Maryland's "BEST 10 DUI and DWI Attorneys" [AIDUIA]. For an initial courtesy consultation, contact premier DUI and DWI defense attorney Charles Ware at (410) 720-6129. He can help you.
The issue of the effects that radio frequency interference have on DUI and DWI breath testing devices is very important but not frequently discussed.
Radio Frequency Interference ( or "RFI"), also called Electromagnetic Interference (or "EMI"), is "disturbance" that affects electrical circuits due to either electromagnetic induction or electromagnetic radiation emitted from external sources. This "disturbance" ( RFI or EMI) may interrupt, obstruct, disrupt, or otherwise degrade or limit the effective performance of the electrical circuit. The effects caused can range from a basic degradation of data in the electrical circuit device or even a total loss of data in the device --- such as the DUI and DWI breath testing device.
In a nutshell, RFI or EMI can adversely affect the accuracy of DUI and DWI breath testing devices, and render them useless.
Common electronic (electric circuit) products which emit RFI or EMI radiation include, among many others, cellphones, televisions, computers, walkie-talkie type devices, security cameras, microwaves, etc.--- some or all of which can be in close proximity to a breath testing device that is in use at the police precinct, et al.
Breath tests are very important evidence in the eyes of judges and jurors. These tests must be extremely accurate in order to convict someone of drunk driving. If any of the external radiation-emitting devices I have mentioned,supra, are "in the room" (in close proximity) with the breath testing machine at the time of testing, accuracy of the machine can be compromised.
Premier defense attorney Charles Jerome Ware is nationally-known and respected and Maryland-based. He is consistently ranked by his numerous satisfied clients and legal peers as one of Maryland's "BEST 10 DUI and DWI Attorneys" [AIDUIA]. For an initial courtesy consultation, contact premier DUI and DWI defense attorney Charles Ware at (410) 720-6129. He can help you.
The issue of the effects that radio frequency interference have on DUI and DWI breath testing devices is very important but not frequently discussed.
Radio Frequency Interference ( or "RFI"), also called Electromagnetic Interference (or "EMI"), is "disturbance" that affects electrical circuits due to either electromagnetic induction or electromagnetic radiation emitted from external sources. This "disturbance" ( RFI or EMI) may interrupt, obstruct, disrupt, or otherwise degrade or limit the effective performance of the electrical circuit. The effects caused can range from a basic degradation of data in the electrical circuit device or even a total loss of data in the device --- such as the DUI and DWI breath testing device.
In a nutshell, RFI or EMI can adversely affect the accuracy of DUI and DWI breath testing devices, and render them useless.
Common electronic (electric circuit) products which emit RFI or EMI radiation include, among many others, cellphones, televisions, computers, walkie-talkie type devices, security cameras, microwaves, etc.--- some or all of which can be in close proximity to a breath testing device that is in use at the police precinct, et al.
Breath tests are very important evidence in the eyes of judges and jurors. These tests must be extremely accurate in order to convict someone of drunk driving. If any of the external radiation-emitting devices I have mentioned,supra, are "in the room" (in close proximity) with the breath testing machine at the time of testing, accuracy of the machine can be compromised.
The Lawyer's Mailbox: LEAD PAINT RECOMMENDATIONS FOR LANDLORDS : NEW BOO...
The Lawyer's Mailbox: LEAD PAINT RECOMMENDATIONS FOR LANDLORDS : NEW BOO...: www.charlesjeromeware.com "Here to make a Difference." The following information is extracted from premier, Maryland...
LEAD PAINT RECOMMENDATIONS FOR LANDLORDS : NEW BOOK BY BALTIMORE LEAD DEFENSE ATTORNEY CHARLES WARE
www.charlesjeromeware.com "Here to make a Difference."
The following information is extracted from premier, Maryland-based. nationally respected landlord lead poisoning defense attorney and best-selling author of 5 books, Charles Jerome Ware's new book.
For answers to your questions and for an initial courtesy consultation, contact defense attorney and noted author Charles Ware at his national law firm based in Maryland : Charles Jerome Ware, LLC, (410) 720-6129. He can help you when you are being sued in a lead paint poisoning case.
Defense attorney Charles Ware's new book is titled Defending Lead Paint Poisoning Cases : "Blurred Plumbism".
Lead Defense Attorney Charles Ware's Preliminary Recommendations
for Baltimore Landlords (An extract)
In an effort to reduce potential lead paint poisoning claims and to help in the landlord's defense of these claims, I recommend that landlords adopt the following strategies, inter alia:
(1) Always engage in (a) Maintenance of the property, (b) Notice to tenants, and (c) Documentation of everything related to the rental property.
(2) Prior to renting the residential unit to a new tenant, require the prospective tenant to disclose the names and ages of all persons who will reside in the residential unit.
(3) Inspect the unit with the prospective tenant and require the tenant to sign an inspection sheet confirming that each room on the premises is free of peeling, flaking, chipped , dust or other defective paint conditions.
(4) Conduct periodic inspections of each residential unit and follow the same procedure with respect to the maintenance of inspection sheets signed by tenants.
(5) Treat all complaints of defective paint (peeling, chipping, dust, etc,) conditions as emergencies requiring immediate attention.
(6) Hire Maryland-certified and licensed, insured contractors with experience in the field of lead paint to perform any lead paint abatement work.
(7) Maintain copious notes on the maintenance of the rental unit.
(8) If denied access to a residential unit to perform an inspection or maintenance work, document the tenant's denial within the tenant's folder and follow-up with a letter to the tenant confirming their failure to allow access to the unit.
<more>
The following information is extracted from premier, Maryland-based. nationally respected landlord lead poisoning defense attorney and best-selling author of 5 books, Charles Jerome Ware's new book.
For answers to your questions and for an initial courtesy consultation, contact defense attorney and noted author Charles Ware at his national law firm based in Maryland : Charles Jerome Ware, LLC, (410) 720-6129. He can help you when you are being sued in a lead paint poisoning case.
Defense attorney Charles Ware's new book is titled Defending Lead Paint Poisoning Cases : "Blurred Plumbism".
Lead Defense Attorney Charles Ware's Preliminary Recommendations
for Baltimore Landlords (An extract)
In an effort to reduce potential lead paint poisoning claims and to help in the landlord's defense of these claims, I recommend that landlords adopt the following strategies, inter alia:
(1) Always engage in (a) Maintenance of the property, (b) Notice to tenants, and (c) Documentation of everything related to the rental property.
(2) Prior to renting the residential unit to a new tenant, require the prospective tenant to disclose the names and ages of all persons who will reside in the residential unit.
(3) Inspect the unit with the prospective tenant and require the tenant to sign an inspection sheet confirming that each room on the premises is free of peeling, flaking, chipped , dust or other defective paint conditions.
(4) Conduct periodic inspections of each residential unit and follow the same procedure with respect to the maintenance of inspection sheets signed by tenants.
(5) Treat all complaints of defective paint (peeling, chipping, dust, etc,) conditions as emergencies requiring immediate attention.
(6) Hire Maryland-certified and licensed, insured contractors with experience in the field of lead paint to perform any lead paint abatement work.
(7) Maintain copious notes on the maintenance of the rental unit.
(8) If denied access to a residential unit to perform an inspection or maintenance work, document the tenant's denial within the tenant's folder and follow-up with a letter to the tenant confirming their failure to allow access to the unit.
<more>
LEADED PAINT RECOMMENDATIONS FOR BALTIMORE LANDLORDS : FROM MARYLAND DEFENSE ATTORNEY'S NEW BOOK
www.charlesjeromeware.com "Here to make a Difference."
The following excerpts are extracted from premier Baltimore lead paint defense attorney Charles Jerome Ware's new book, titled Defending Lead Paint Poisoning Cases : "Blurred Lines". When you are being sued in a lead poisoning case, contact Attorney Charles Ware at (410) 720-6129 for an initial courtesy consultation. He can help you.
Defense Attorney Charles Ware's Recommendations for Landlords
The following excerpts are extracted from premier Baltimore lead paint defense attorney Charles Jerome Ware's new book, titled Defending Lead Paint Poisoning Cases : "Blurred Lines". When you are being sued in a lead poisoning case, contact Attorney Charles Ware at (410) 720-6129 for an initial courtesy consultation. He can help you.
Defense Attorney Charles Ware's Recommendations for Landlords
Wednesday, July 15, 2015
The Lawyer's Mailbox: MARYLAND MORTGAGE FORECLOSURE DEFENSE ATTORNEYS: "...
The Lawyer's Mailbox: MARYLAND MORTGAGE FORECLOSURE DEFENSE ATTORNEYS: "...: www,charlesjeromeware.com "Here to make a Difference." This supplement to " CHAPTER FOUR : Fifteen (15) Tips for A...
MARYLAND MORTGAGE FORECLOSURE DEFENSE ATTORNEYS: "PRODUCE THE NOTE DEFENSE" SADLY DIMINISHING
www,charlesjeromeware.com "Here to make a Difference."
This supplement to " CHAPTER FOUR : Fifteen (15) Tips for Avoiding Foreclosure," provides an update to my discussion on the "Produce the Note!" Defense (pages 38 - 40) in my best-selling 2011 book, titled : LEGAL CONSUMER TIPS AND SECRETS : Avoiding Debtors' Prison in the United States, 209 pages, by Charles Jerome Ware, former Special Counsel to the Chairman of the United States Federal Trade Commission.
UPDATE SUPPLEMENT
Sadly, the "produce the note" defense to mortgage foreclosures is diminishing rapidly in effectiveness. When I wrote about this defense to mortgage foreclosure in my book in 2011, I and other attorneys were having good success on behalf of our mortgage-battered clients. Times are changing.
In the "produce the note" defense, homeowners demand that the foreclosing bank or other mortgagor demonstrate to the homeowner (and/or to the court) that the mortgagor has the legal right to foreclose on the property by producing the "original" note ( or prove in some other incontrovertible way that that it is the true owner of the promissory note on the property). This defense strategy worked for some of us attorneys for our homeowner clients because producing the note on the property can be difficult. In many cases, the debt is sold among different banks and investors --- frequently over and over again. Every so often, the new owner/mortgagor of the loan does not get the proper paperwork to show they own the note and the mortgage. Even in situations where the original note is available, the indorsements might not be in proper order.
Now, however, banks and investors are more careful about addressing any gaps in the paperwork before initiating a foreclosure. Additionally, courts all over the United States are more familiar with this defense strategy, have heard many foreclosure cases on this legal issue of "standing (right) to foreclose", and have decided against homeowners in many situations. Consequently, it is now more difficult --- though not impossible --- to win a case based on a "produce the note" defense argument.
This supplement to " CHAPTER FOUR : Fifteen (15) Tips for Avoiding Foreclosure," provides an update to my discussion on the "Produce the Note!" Defense (pages 38 - 40) in my best-selling 2011 book, titled : LEGAL CONSUMER TIPS AND SECRETS : Avoiding Debtors' Prison in the United States, 209 pages, by Charles Jerome Ware, former Special Counsel to the Chairman of the United States Federal Trade Commission.
UPDATE SUPPLEMENT
Sadly, the "produce the note" defense to mortgage foreclosures is diminishing rapidly in effectiveness. When I wrote about this defense to mortgage foreclosure in my book in 2011, I and other attorneys were having good success on behalf of our mortgage-battered clients. Times are changing.
In the "produce the note" defense, homeowners demand that the foreclosing bank or other mortgagor demonstrate to the homeowner (and/or to the court) that the mortgagor has the legal right to foreclose on the property by producing the "original" note ( or prove in some other incontrovertible way that that it is the true owner of the promissory note on the property). This defense strategy worked for some of us attorneys for our homeowner clients because producing the note on the property can be difficult. In many cases, the debt is sold among different banks and investors --- frequently over and over again. Every so often, the new owner/mortgagor of the loan does not get the proper paperwork to show they own the note and the mortgage. Even in situations where the original note is available, the indorsements might not be in proper order.
Now, however, banks and investors are more careful about addressing any gaps in the paperwork before initiating a foreclosure. Additionally, courts all over the United States are more familiar with this defense strategy, have heard many foreclosure cases on this legal issue of "standing (right) to foreclose", and have decided against homeowners in many situations. Consequently, it is now more difficult --- though not impossible --- to win a case based on a "produce the note" defense argument.
The Lawyer's Mailbox: BALTIMORE LANDLORD HANDLING OF LEAD PAINT : MARYLA...
The Lawyer's Mailbox: BALTIMORE LANDLORD HANDLING OF LEAD PAINT : MARYLA...: www.charlesjeromeware.com "Here to make a Difference." Charles Jerome Ware, LLC is a premier, Maryland-based, nat...
BALTIMORE LANDLORD HANDLING OF LEAD PAINT : MARYLAND LEAD(Pb) DEFENSE LAW FIRM
www.charlesjeromeware.com "Here to make a Difference."
Charles Jerome Ware, LLC is a premier, Maryland-based, nationally-respected, landlord lead paint defense law firm. For an initial courtesy consultation, call us at (410) 720-6129. We can help you when you are sued for lead paint poisoning.
What should you do about lead paint ?
Lead-based paint was applied to about two-thirds of the residential units built before 1940 and to another third of those residential units built between 1940 and 1960 [According to the U.S. Environmental Protection Agency (EPA)].
Lead paint tastes sweet , so children (particularly those up to age 6 years) can be poisoned from chewing (ingesting and/or inhaling) flakes, chips and dust from lead paint. Leaded dust is particularly onerous when it is stirred up when lead-based painted woodwork is scraped, sanded, or heated with an open flame stripper. Then it settles in fibers and fabric and gets stirred up again by normal cleaning.
A truly accurate methodology to determine whether your pre-1978-built residential unit has lead-based paint is to remove a sample and have it tested by Maryland lead-certified professionals and /or laboratories.
If lead-based paint is in good condition and there is NO POSSIBILITY that it will be nibbled on by young children, it may in some circumstances be best to leave it alone.. Otherwise, you can cover it over with wallpaper or some other building material, or completely replace the woodwork. Properly, professionally, and safely removing lead paint can be a time-consuming and expensive process that requires strict compliance with Maryland lead paint abatement procedures, and it requires that everyone vacant the premises during the removal and clean-up process. Remember: If your residential unit is a rental property (and not your personal home) you must use Maryland lead-certified professionals to do the abatement work.
If the residential unit was painted on the outside before 1950, the surrounding soil is probably contaminated with lead(Pb) as well. Do not leaves patches of bare soil, and clean carefully the floors and windowsills regularly with wet rags and mops.
Charles Jerome Ware, LLC is a premier, Maryland-based, nationally-respected, landlord lead paint defense law firm. For an initial courtesy consultation, call us at (410) 720-6129. We can help you when you are sued for lead paint poisoning.
What should you do about lead paint ?
Lead-based paint was applied to about two-thirds of the residential units built before 1940 and to another third of those residential units built between 1940 and 1960 [According to the U.S. Environmental Protection Agency (EPA)].
Lead paint tastes sweet , so children (particularly those up to age 6 years) can be poisoned from chewing (ingesting and/or inhaling) flakes, chips and dust from lead paint. Leaded dust is particularly onerous when it is stirred up when lead-based painted woodwork is scraped, sanded, or heated with an open flame stripper. Then it settles in fibers and fabric and gets stirred up again by normal cleaning.
A truly accurate methodology to determine whether your pre-1978-built residential unit has lead-based paint is to remove a sample and have it tested by Maryland lead-certified professionals and /or laboratories.
If lead-based paint is in good condition and there is NO POSSIBILITY that it will be nibbled on by young children, it may in some circumstances be best to leave it alone.. Otherwise, you can cover it over with wallpaper or some other building material, or completely replace the woodwork. Properly, professionally, and safely removing lead paint can be a time-consuming and expensive process that requires strict compliance with Maryland lead paint abatement procedures, and it requires that everyone vacant the premises during the removal and clean-up process. Remember: If your residential unit is a rental property (and not your personal home) you must use Maryland lead-certified professionals to do the abatement work.
If the residential unit was painted on the outside before 1950, the surrounding soil is probably contaminated with lead(Pb) as well. Do not leaves patches of bare soil, and clean carefully the floors and windowsills regularly with wet rags and mops.
The Lawyer's Mailbox: BALTIMORE LEAD(Pb) POISONING DEFENSE ATTORNEYS: LE...
The Lawyer's Mailbox: BALTIMORE LEAD(Pb) POISONING DEFENSE ATTORNEYS: LE...: www.charlesjeromeware.com "Here to make a Difference." Charles Jerome Ware, LLC is a premier Maryland-based landlord le...
BALTIMORE LEAD(Pb) POISONING DEFENSE ATTORNEYS: LEAD(Pb) IN DRINKING WATER
www.charlesjeromeware.com "Here to make a Difference."
Charles Jerome Ware, LLC is a premier Maryland-based landlord lead paint poisoning defense law firm. For an initial courtesy consultation, contact the firm at (410) 720-6129. We can help you when you have been named a defendant in a lead poisoning case.
Lead in drinking water is a legitimate issue in many older cities and communities in the United States. Residential structures are certainly not the only sources of lead. Lead-based solder in pipes and other plumbing fixtures, etc., has been banned in the
United States since 1988, but homes built prior to then often have lead solder that corrodes into drinking water. It must be noted, as well, that lead-based paint for residential and other consumer uses was banned in America in 1978.
It is extremely difficult (if at all possible) to tell whether pipes leak lead by looking at them, but a simple chemical test can identify it. If you want to have your water tested for lead(Pb), ask your local, city, county, or state health or environment department about qualified lead-testing professionals or laboratories.
If you are having plumbing work done in an older (pre 1978-built) home, check for lead pipes and make sure the plumber does not use lead solder. Even new faucets and fixtures can often put some lead into the water; which is one reason why we recommend that homeowners or tenants"'run the faucet" for one minute before using water for drinking and cooking purposes. And, never use hot water for drinking, cooking, or especially for making baby formula. Heat tends to increase the leaching (percolating) of lead(Pb) into water.
If you do have lead in your water, several devices are available to reduce corrosion, including calcite filters, distillation units, and reverse-osmosis devices. Get qualified advice and consultation before buying or leasing a device, as their effectiveness can vary. Also, be aware that water softeners and carbons, sand and cartridge filters are not effective for removing lead.
Charles Jerome Ware, LLC is a premier Maryland-based landlord lead paint poisoning defense law firm. For an initial courtesy consultation, contact the firm at (410) 720-6129. We can help you when you have been named a defendant in a lead poisoning case.
Lead in drinking water is a legitimate issue in many older cities and communities in the United States. Residential structures are certainly not the only sources of lead. Lead-based solder in pipes and other plumbing fixtures, etc., has been banned in the
United States since 1988, but homes built prior to then often have lead solder that corrodes into drinking water. It must be noted, as well, that lead-based paint for residential and other consumer uses was banned in America in 1978.
It is extremely difficult (if at all possible) to tell whether pipes leak lead by looking at them, but a simple chemical test can identify it. If you want to have your water tested for lead(Pb), ask your local, city, county, or state health or environment department about qualified lead-testing professionals or laboratories.
If you are having plumbing work done in an older (pre 1978-built) home, check for lead pipes and make sure the plumber does not use lead solder. Even new faucets and fixtures can often put some lead into the water; which is one reason why we recommend that homeowners or tenants"'run the faucet" for one minute before using water for drinking and cooking purposes. And, never use hot water for drinking, cooking, or especially for making baby formula. Heat tends to increase the leaching (percolating) of lead(Pb) into water.
If you do have lead in your water, several devices are available to reduce corrosion, including calcite filters, distillation units, and reverse-osmosis devices. Get qualified advice and consultation before buying or leasing a device, as their effectiveness can vary. Also, be aware that water softeners and carbons, sand and cartridge filters are not effective for removing lead.
The Lawyer's Mailbox: MARYLAND GUIDES TO ESTATE PLANNING, www.charlesjer...
The Lawyer's Mailbox: MARYLAND GUIDES TO ESTATE PLANNING, www.charlesjer...: www.charlesjeromeware.com "Here to make a Difference." The purpose of the information presented herein is not to b...
MARYLAND GUIDES TO ESTATE PLANNING, www.charlesjeromeware.com
www.charlesjeromeware.com "Here to make a Difference."
The purpose of the information presented herein is not to be legal advice, but to start the reader on a process of prudent estate planning. For an initial courtesy consultation, call us at Charles Jerome Ware, LLC at (410) 720-6129. We are happy to assist you in this process.
"Estate Planning" in Maryland is the formation and maintenance of estates, including the distribution of assets of estates, using a variety of legal vehicles and methodologies. Everyone has an estate, no matter how poor or rich they are. Even the homeless have personal estates, even if their estates are just the clothes they are wearing. An estate plan is essentially the direction for distribution of all your property after you die.
Estates can include, inter alia, real estate (realty) and personal property (personalty). Generally, everything that is not real estate in an estate is personal property. Real estate can include homes, land, time shares, etc. Personal property can include clothes, jewelry, vehicles, furniture, bank accounts, cash, stocks, bonds, pensions, etc.
Estate planning legal vehicles and methodologies can include (1) wills, (2) living trusts, (3) life insurance trusts, (4) advance directives, (5) power of attorneys, (6) guardianships, (7) conservatorships, (8) charitable trusts, (9) residence trusts, (10) special needs trusts, (11) estate taxes, (12) long-term care, (13) probate, and many others.
The purpose of the information presented herein is not to be legal advice, but to start the reader on a process of prudent estate planning. For an initial courtesy consultation, call us at Charles Jerome Ware, LLC at (410) 720-6129. We are happy to assist you in this process.
"Estate Planning" in Maryland is the formation and maintenance of estates, including the distribution of assets of estates, using a variety of legal vehicles and methodologies. Everyone has an estate, no matter how poor or rich they are. Even the homeless have personal estates, even if their estates are just the clothes they are wearing. An estate plan is essentially the direction for distribution of all your property after you die.
Estates can include, inter alia, real estate (realty) and personal property (personalty). Generally, everything that is not real estate in an estate is personal property. Real estate can include homes, land, time shares, etc. Personal property can include clothes, jewelry, vehicles, furniture, bank accounts, cash, stocks, bonds, pensions, etc.
Estate planning legal vehicles and methodologies can include (1) wills, (2) living trusts, (3) life insurance trusts, (4) advance directives, (5) power of attorneys, (6) guardianships, (7) conservatorships, (8) charitable trusts, (9) residence trusts, (10) special needs trusts, (11) estate taxes, (12) long-term care, (13) probate, and many others.
Friday, July 10, 2015
The Lawyer's Mailbox: DEFENDING LEAD PAINT POISONING CASES : "BLURRED PL...
The Lawyer's Mailbox: DEFENDING LEAD PAINT POISONING CASES : "BLURRED PL...: www.charlesjeromeware.com "Here to make a Difference." Charles Jerome Ware, LLC is a premier, Maryland-based, na...
DEFENDING LEAD PAINT POISONING CASES : "BLURRED PLUMBISM" [Chapter 1]--- BALTIMORE ATTORNEY
www.charlesjeromeware.com "Here to make a Difference."
Charles Jerome Ware, LLC is a premier, Maryland-based, nationally-respected and recognized landlord lead paint defense law firm. For an initial courtesy consultation, call the firm at (410) 720-6129. We can help you.
CHAPTER ONE : SHORT HISTORY OF LEAD USE
LEAD = ( Symbol : Pb )
Atomic Number = 82
Melting Point = 327.5 Degrees Centigrade
Boiling Point = 1740.0 Degrees Centigrade
Discovered By = Unknown
To the best of our knowledge, significant production of lead (Pb) began around 3000 BC.
Large lead mines in Spain and Greece are known to have contributed significantly to the worldwide distribution of lead.
The Roman Empire is credited with being the first society to widely use lead. This view is supported by the fact that the word "plumbism" is derived from the Latin word "plumbum", for lead, which also gave rise to the chemical symbol for lead : Pb.
Lead (Pb) is slightly sweet to taste, making it a good additive for unremarkable Roman wine which was then shipped all over Europe; spreading "plumbism" ( lead poisoning) for many Roman and other European wine drinkers. It is also one reason why infant and young children are attracted to the taste of lead. In fact, some historians even allege that lead poisoning ("plumbism") helped hasten the fall of the Roman Empire; since, even in those early times there were many reports that lead in the Roman wind and other drinks, water, baths, plumbing, food, cooking and drinking utensils, etc., caused such illnesses as severe colic, anemia, gout, etc. Lead, either inhaled or ingested in sufficient amounts, can be very harmful to the human body.
Lead (Pb) is fundamentally a bluish, hard but malleable, metallic element that is non-dissolvable, non-burning, non-decaying, non-biodegrable and non-dissipating. In other words, it lasts... and lasts... and lasts. It is estimated that at least 10 million metric tons of lead residue are in earth's environment.
Use of lead (Pb) in paint in the United States began in Colonial times and ultimately peaked in 1922.
In 1951, Baltimore banned the use of lead pigment in interior paint in Baltimore housing. This was the first such restriction in America. In 1971, the Federal Lead Poisoning Prevention Act was passed; and in 1978 the Federal government banned consumer and residential uses of lead paint.
If you live in a major East Coast metropolitan area and your residential unit was built prior to 1978, there is a good chance it has at least some lead paint in it. Lead (Pb) from interrupted (i.e., chipped, scratched, cracked, lead dust, etc.) lead-based paint is a major source of lead poisoning in many urban areas. However, there are several other sources of lead in the urban environment as well, such as : batteries, industrial sites, factories, soil, general dust, commercial buildings (even some after 1978), drinking water, pipes, plumbing, some foods and drinks, some jobs, hobbies, toys, jewelry, cosmetics, playgrounds, plants, trees, folk remedies, other products, the air we breathe, etc.
< more>
Charles Jerome Ware, LLC is a premier, Maryland-based, nationally-respected and recognized landlord lead paint defense law firm. For an initial courtesy consultation, call the firm at (410) 720-6129. We can help you.
CHAPTER ONE : SHORT HISTORY OF LEAD USE
LEAD = ( Symbol : Pb )
Atomic Number = 82
Melting Point = 327.5 Degrees Centigrade
Boiling Point = 1740.0 Degrees Centigrade
Discovered By = Unknown
To the best of our knowledge, significant production of lead (Pb) began around 3000 BC.
Large lead mines in Spain and Greece are known to have contributed significantly to the worldwide distribution of lead.
The Roman Empire is credited with being the first society to widely use lead. This view is supported by the fact that the word "plumbism" is derived from the Latin word "plumbum", for lead, which also gave rise to the chemical symbol for lead : Pb.
Lead (Pb) is slightly sweet to taste, making it a good additive for unremarkable Roman wine which was then shipped all over Europe; spreading "plumbism" ( lead poisoning) for many Roman and other European wine drinkers. It is also one reason why infant and young children are attracted to the taste of lead. In fact, some historians even allege that lead poisoning ("plumbism") helped hasten the fall of the Roman Empire; since, even in those early times there were many reports that lead in the Roman wind and other drinks, water, baths, plumbing, food, cooking and drinking utensils, etc., caused such illnesses as severe colic, anemia, gout, etc. Lead, either inhaled or ingested in sufficient amounts, can be very harmful to the human body.
Lead (Pb) is fundamentally a bluish, hard but malleable, metallic element that is non-dissolvable, non-burning, non-decaying, non-biodegrable and non-dissipating. In other words, it lasts... and lasts... and lasts. It is estimated that at least 10 million metric tons of lead residue are in earth's environment.
Use of lead (Pb) in paint in the United States began in Colonial times and ultimately peaked in 1922.
In 1951, Baltimore banned the use of lead pigment in interior paint in Baltimore housing. This was the first such restriction in America. In 1971, the Federal Lead Poisoning Prevention Act was passed; and in 1978 the Federal government banned consumer and residential uses of lead paint.
If you live in a major East Coast metropolitan area and your residential unit was built prior to 1978, there is a good chance it has at least some lead paint in it. Lead (Pb) from interrupted (i.e., chipped, scratched, cracked, lead dust, etc.) lead-based paint is a major source of lead poisoning in many urban areas. However, there are several other sources of lead in the urban environment as well, such as : batteries, industrial sites, factories, soil, general dust, commercial buildings (even some after 1978), drinking water, pipes, plumbing, some foods and drinks, some jobs, hobbies, toys, jewelry, cosmetics, playgrounds, plants, trees, folk remedies, other products, the air we breathe, etc.
< more>
Thursday, July 9, 2015
The Lawyer's Mailbox: MEDICAL ISSUES IN DUI & DWI DEFENSE : MARYLAND "BE...
The Lawyer's Mailbox: MEDICAL ISSUES IN DUI & DWI DEFENSE : MARYLAND "BE...: www.charlesjeromeware.com "Here to make a Difference." Premier Maryland defense attorney Charles Jerome Ware, is t...
MEDICAL ISSUES IN DUI & DWI DEFENSE : MARYLAND "BEST 10" DEFENSE ATTORNEY CHARLES WARE
www.charlesjeromeware.com "Here to make a Difference."
Premier Maryland defense attorney Charles Jerome Ware, is the recipient of numerous awards and recognitions over a successful 30-plus years of defending people charged with drunk- driving. In fact, he is ranked by his many satisfied clients as well as his legal peers as one of Maryland's " BEST 10 DUI AND DWI ATTORNEYS" [AIDUIA]. For an initial courtesy consultation, contact the firm at (410) 720-6129. We can help you.
With the increasing use by law enforcement of so-called "sophisticated" breath alcohol detection instruments, opportunities are presenting themselves as well for defensive challenges against charges of drunk-driving. Scientific researchers are concluding, for example, that combinations of infra-red absorbing substances in the test chamber of alcohol detectors with levels of ethanol may falsely over-report the true blood alcohol concentration(or content) [BAC] level, and may do so without triggering the interferent detector algorithm. This can cause inflated levels of BAC reporting by the DUI instrument. It should also be noted that the reported incidence of an interferent may vary among different jurisdictions depending upon the threshold levels set in the acetone detect or subtract algorithm.
I have always maintained that a fundamental flaw in alcohol breath tests is that the results are predicated on the assumption that the test subject is an "average" person [invariably a male], with "average" physiological responses [invariably male responses], providing an "average" breath sample [invariably of a male]. The flaw is : there is no "average" person, male, or female for this type of test.
That "breath test" sample is then reported as a blood alcohol concentration [BAC] using so-called "average" values in the basic assumption used for conversion. Underlying or pre-existing medical conditions can, and frequently do, upset those assumptions.
For example, both Diabetes and GERD (gastroesophageal reflux disorder) are known to frequently inflate individuals' BAC. Additionally, since alcohol emanates from both the lungs and the upper gastrointestinal tract at roughly the same rate, the procedures used in breath tests (from the lungs) are inherently flawed.
Premier Maryland defense attorney Charles Jerome Ware, is the recipient of numerous awards and recognitions over a successful 30-plus years of defending people charged with drunk- driving. In fact, he is ranked by his many satisfied clients as well as his legal peers as one of Maryland's " BEST 10 DUI AND DWI ATTORNEYS" [AIDUIA]. For an initial courtesy consultation, contact the firm at (410) 720-6129. We can help you.
With the increasing use by law enforcement of so-called "sophisticated" breath alcohol detection instruments, opportunities are presenting themselves as well for defensive challenges against charges of drunk-driving. Scientific researchers are concluding, for example, that combinations of infra-red absorbing substances in the test chamber of alcohol detectors with levels of ethanol may falsely over-report the true blood alcohol concentration(or content) [BAC] level, and may do so without triggering the interferent detector algorithm. This can cause inflated levels of BAC reporting by the DUI instrument. It should also be noted that the reported incidence of an interferent may vary among different jurisdictions depending upon the threshold levels set in the acetone detect or subtract algorithm.
I have always maintained that a fundamental flaw in alcohol breath tests is that the results are predicated on the assumption that the test subject is an "average" person [invariably a male], with "average" physiological responses [invariably male responses], providing an "average" breath sample [invariably of a male]. The flaw is : there is no "average" person, male, or female for this type of test.
That "breath test" sample is then reported as a blood alcohol concentration [BAC] using so-called "average" values in the basic assumption used for conversion. Underlying or pre-existing medical conditions can, and frequently do, upset those assumptions.
For example, both Diabetes and GERD (gastroesophageal reflux disorder) are known to frequently inflate individuals' BAC. Additionally, since alcohol emanates from both the lungs and the upper gastrointestinal tract at roughly the same rate, the procedures used in breath tests (from the lungs) are inherently flawed.
Wednesday, July 8, 2015
The Lawyer's Mailbox: SEVEN (7) LEAD PAINT DEFENSE TIPS FOR MARYLAND LAN...
The Lawyer's Mailbox: SEVEN (7) LEAD PAINT DEFENSE TIPS FOR MARYLAND LAN...: www.charlesjeromeware.com "HERE TO MAKE A DIFFERENCE." Charles Jerome Ware, LLC is a premier, Maryland-based, na...
SEVEN (7) LEAD PAINT DEFENSE TIPS FOR MARYLAND LANDLORDS: BALTIMORE ATTORNEY CHARLES WARE
www.charlesjeromeware.com "HERE TO MAKE A DIFFERENCE."
Charles Jerome Ware, LLC is a premier, Maryland-based, nationally-respected lead paint poisoning defense law firm. For an initial courtesy consultation, call us at (410) 720-6129. We can help you when you are being sued in a lead paint case.
RECOMMENDATIONS FOR LANDLORDS
1. Before renting a residential unit to a new tenant, require the prospective tenant to disclose the names and ages of all persons who will reside in the unit.
2. Inspect the residential unit with the prospective tenant and require the tenant to sign an inspection sheet confirming that each room is free of peeling, flaking, or other defective paint conditions.
3. Conduct periodic inspections of each apartment and follow the same procedure with respect to the maintenance of inspection sheets signed by tenants.
4. Treat all complaints of peeling or flaking paint conditions as emergencies requiring immediate attention.
5. Retain licensed and insured contractors with experience in the field to perform any required abatement work.
6. Paint rental units every three years and maintain copious records of all maintenance, repair, and paint work performed within each unit.
7. If denied access to a residential unit to perform an inspection or maintenance work, document the denial within the tenant's folder and follow up with a letter to the tenant confirming the failure to gain access to the apartment.
Charles Jerome Ware, LLC is a premier, Maryland-based, nationally-respected lead paint poisoning defense law firm. For an initial courtesy consultation, call us at (410) 720-6129. We can help you when you are being sued in a lead paint case.
RECOMMENDATIONS FOR LANDLORDS
1. Before renting a residential unit to a new tenant, require the prospective tenant to disclose the names and ages of all persons who will reside in the unit.
2. Inspect the residential unit with the prospective tenant and require the tenant to sign an inspection sheet confirming that each room is free of peeling, flaking, or other defective paint conditions.
3. Conduct periodic inspections of each apartment and follow the same procedure with respect to the maintenance of inspection sheets signed by tenants.
4. Treat all complaints of peeling or flaking paint conditions as emergencies requiring immediate attention.
5. Retain licensed and insured contractors with experience in the field to perform any required abatement work.
6. Paint rental units every three years and maintain copious records of all maintenance, repair, and paint work performed within each unit.
7. If denied access to a residential unit to perform an inspection or maintenance work, document the denial within the tenant's folder and follow up with a letter to the tenant confirming the failure to gain access to the apartment.
Subscribe to:
Posts (Atom)