www.charlesjeromeware.com "Here to make a Difference."
The premier national law firm of Charles Jerome Ware, LLC is Maryland-based and widely-acclaimed for its successful representation of landlords and landowners who have been sued for alleged lead paint poisoning of tenants. For an initial courtesy consultation, contact us at (410) 720-6129 or (410) 730-5016; or email, charlesjeromeware@msn.com, or Fax (410) 730-7603. If you have been sued, we can help you.
HISTORY OF LEAD PAINT IN BALTIMORE
Lead-based paint ("lead paint") has been in use in Baltimore residences , government buildings, and commercial buildings for many, many years. Use of white lead (for painting and covering purposes) began in Colonial times and ultimately peaked in 1922. Before 1978, lead paint was a popular legal product in great demand because it was , among other things, washable and durable. It was repeatedly endorsed by the federal government, and state and local governments, and it was specified for use on government buildings until the mid-1970s. Because of mounting health concerns (particularly in children), in 1951 Baltimore banned the use of lead pigment in interior paint in Baltimore public housing; the first such restriction in the country. In 1955 the paint industry, under pressure from public health officials and organizations, adopted a "voluntary" national standard to prohibit the use of lead pigments in interior residential paints. Through the 1950s and 1960s, the use of exterior lead-based paint declined significantly, and ended by the early 1970s. In 1971, the Federal Lead Poisoning Prevention Act was passed. In 1978, the Federal government (via the Consumer Product Safety Commission) banned consumer uses of lead paint all together. As uses of lead pigments in paints evolved, so did the primary pathways through which children were thought to be exposed to lead and the level of exposure thought to be "safe". It was not until about 1974 or so that household dust began to emerge as a possible pathway for lead exposure in children and adults.
LEGAL DEFENSES TO LEAD PAINT CLAIMS AND LAWSUITS
Because of it long history of use, lead (Pb) is virtually everywhere in Baltimore. It is in the air we breathe, in the water we drink and use, in the food we eat and drinks we consume, and in numerous other man-made products we inhale and ingest and use. Lead has been mined and used throughout the "civilized" world for over 6,000 years (since at least 4,000 B.C.). It is a malleable, utilitarian, heavy metal (Atomic Number 82), that does not dissolve in water, does not dissipate, does not decay, nor burn. Lead effectively lasts, and lasts, and lasts ... forever.
With proper precautions, landlords and landowners can avoid and even win lead paint claims and lawsuits. Development of lead paint defenses begins when the rental property landowner or residential landlord purchases the rental property. Good maintenance of the rental property, adequate notice to the tenants, and good record-keeping/documentation are paramount to successful avoidance of, and prevailing in, lead paint claims and lawsuits --- particularly regarding pre-1978 built units.
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