www.charlesjeromeware.com "Here to make a Difference."
The nationally-recognized and respected law firm of Charles Jerome Ware, LLC is Maryland-based, and ranked by its many landlord clients as well as its legal peers as one of the top lead paint and lead poisoning defense law firms in the United States. For an initial courtesy consultation, contact the firm at (410) 720-6129. We can help you.
It is virtually impossible to dispute that lead (Pb) is a toxic substance when ingested or inhaled into the human body, and particularly in children under the age of 6 years (because their nervous systems are still developing during that period). Since 1989, Medicaid has required that children be tested for lead poisoning at the age of twelve months and again at age two years. Unfortunately, though the test only costs $ 10 or less, and Medicaid reimburses 100 % of the children eligible for the test, fewer than one-half of the children eligible for the test receive it. This is an important issue for parents and guardians of these children to consider.
It is possible in many instances for lead to be removed from the body by chelation therapy, in which the patient ingests chemicals that "grip" heavy metals such as lead (Atomic Number = 82) so they can be excreted. Unfortunately, chelation therapy would generally be too late to counter the harm to the nervous systems of the young children indicated above. Otherwise, if the lead poisoning is severe, treatment can reduce the level of lead, but cannot eliminate it.
The good news is that lead poisoning ("plumbism") is preventable --- with the cooperation of parents, landlords, industry and government agencies. Generally, lead paint poisoning occurs when humans ingest or inhale lead paint flakes, chips, dust, etc. Countering and avoiding these ingestion and inhalation opportunities is key to successful defeat of lead paint poisoning.
With respect to lead paint poisoning in the residential rental property arena, it is helpful to be aware that vast majority of residential lead paint cases come from rental tenants who have lived in pre -1978
built apartments and housing units. Lead paint was banned by the Federal government (U.S. Consumer Product Safety Commission) for residential and consumer uses in 1978. It was banned even earlier for residential uses in Baltimore in 1966 (and even earlier for Baltimore public housing in 1951).
The innocent Baltimore residential rental landlord for pre-1978 built units would follow the successful advice premier defense attorney Charles Ware has given his many landlord clients for several years : (1) provide good MAINTENANCE on the rental property; (2) provide adequate NOTICE to tenants in the rental property; and (3) keep good DOCUMENTATION/RECORD-KEEPING on both the rental property as well as the tenants.
To be clear, lead (Pb) is literally everywhere in Baltimore: in the air we breathe, in the water we drink, dust, pipes and other plumbing fixtures, soil, sandlots, plants, flowers, trees, food and drink, candies (especially from Mexico), foreign-made toys and furniture, pottery, ceramics, folk and home remedies,, pre-1978 built housing units, etc. The innocent landlord will be cognizant of these facts.
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