www.charlesjeromeware.com " Here to make a Difference."
Charles Jerome Ware, LLC is a premier, Maryland-based, nationally-recognized and respected landlord lead-based paint 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.
Lead poisoning ("Plumbism") is considered by many to be a public health problem in Baltimore. Indeed, there are many judges, elected officials and other commentators who opine or suggest that in certain circumstances lead poisoning cases in Baltimore are " indefensible". We respectfully disagree. There are always defenses in these cases.
When it comes to landlord efforts to avoid or defend against lead paint lawsuits in Baltimore, we strongly suggest the following three(3) keys to success: (1) MAINTENANCE of the rental property; (2) NOTICE to tenants; and DOCUMENTATION/RECORD-KEEPING about the property and the tenants.
Landlords should be aware that lead-based paint was banned by Federal law for consumer use (including residential use ) in 1978 throughout the United States. Recognizing the health problems caused by lead poisoning, the Federal Residential Lead-Based Paint Hazard Reduction Act, commonly known as TITLE X (10), was enacted in 1992 (42 U.S.C. 4852d). The Act's regulations (provided through the Environmental Protection Agency (EPA) and the Department of Housing and Urban Development (HUD)), which are designed to accomplish TITLE 10's goal of lead hazard reduction, apply to residential rental property built prior to 1978.
Landlords should also be aware that, under Maryland law, lead paint abatement is "a set of measures designed to eliminate or reduce lead-based paint hazards". Anyone who provides a lead paint abatement service in Maryland must be certified or accredited by the Maryland Department of the Environment (MDE). Landlords for residential properties must use only these MDE-certified or accredited contractors to do their lead paint abatement work. Leaded dust from residential renovations, lead removal and abatement, is a major source of lead ingestion and inhalation by humans.
It is guesstimated by some that well over fifty percent of houses and apartments constructed prior to 1978 in the United States contain lead paint. Houses built before 1960 may contain old (legacy) lead paint with even higher concentrations of lead by weight. Recognizing this fact, it was Baltimore in 1951 that banned the use of lead pigment in interior paint in Baltimore housing. This was the first such restriction in the United States.
Children up to age 6 are considered to be the primary victims of lead paint poisoning by their ingestion and inhalation of lead paint chips and dust. Lead can have a sweet taste to them. But, there are many other sources of toxic lead for people, including: the air we breathe, drinking water, pipes and other plumbing fixtures, food and other drinks, home remedies, playgrounds and other soils, job and industrial sites, hobbies and toys, pottery and ceramics, furniture, car batteries and other products, etc.
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