For eight years in the 1990s, Attorney Charles Ware hosted the extremely popular legal advice radio program "The Lawyer's Mailbox"; the Number One (#1)legal advice radio program in the Mid-Atlantic Region,on WEAA - 88.9 FM, Morgan State University Radio in Baltimore, Maryland.
www.CharlesJeromeWare.com

Thursday, July 30, 2015

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.

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