By: Defense Attorney Charles Jerome Ware
Charles Jerome Ware, LLC
www.charlesjeromeware.com
"Here to make a Difference."
To the best of my research , significant mining and use of lead (Pb) began around 4,000 BC --- over 6,000 years ago. Large lead mines in ancient places such as Spain, Greece, etc., are known to have contributed significantly to the worldwide distribution of lead.
Lead is a malleable, utilitarian, heavy metal (Atomic Number 82), that does not dissolve in water, nor dissipate, nor decay, nor burn. Lead has been said to have a scientific "half-life" of over 500,000 years. Therefore, it lasts ... and lasts ... and lasts. Lead, in sufficient quantities, can also be harmful to the human body. Lead is said to be particularly harmful in infants and children under the age of 6. Which is one reason why there is so much litigation involving lead paint poisoning claims against landlords of pre 1978-built (old) apartments and houses throughout urban areas of the United States.
Because of its many years of mining and use, its durability, and its ability to last for such a long period of time, lead (Pb) has accumulated tremendously in the earth's environment. There are including the air we breathe, the water we drink and use, the food and liquids we consume, the soils and dust, plants,, and many of the products we have used, and currently use. As one source of many,
lead was also used in many residential units (house, etc.) in the United States which were constructed before 1978. Although lead was banned for many consumer products in the U.S. in 1978, be aware that this heavy metal is still being used prolifically in many other countries, and can be found in many of the products sold in the U.S. that come from these foreign countries.
Researchers estimate that about 10 billion pounds were used in the manufacture of paint in the United States between 1889 and 1970. While much of it is covered up, the lead paint that is exposed continues to deteriorate, posing an ongoing and potentially increasing health risk. Careful lead abatement (lead removal) by state and federally licensed, lead-certified contractors and workers is
absolutely necessary to protect both the tenant from harm as well as the landlord from claims.
Development of the lead poisoning defense begins when the landlord or landowner purchases the rental property. "Due diligence" is the phrase of the day here.
" Good maintenance" is obviously crucial. Too many landlords hold onto properties that are simply
not cost-effective to maintain. This issue is a major source of lawsuits.
" Adequate notice" to the tenant is required by law. Obey the law, and learn what your local, state and national notice requirements are.
" Competent record-keeping" is paramount. Keep both a tenant file as well as a property file --- or combine the two. In the current litigious lead paint-claim environment, I am forced to recommend that you keep(maintain or store) these files for at least 21 years [ until the statute of limitation runs out].
----- Charles Jerome Ware is a premier landlord lead paint poising defense attorney who is Maryland-based and national-respected for his successful representation of his clients in these sensitive cases. For an initial courtesy consultation, contact Attorney Charles Ware at (410) 720-6129 or (410) 730-5016. ----
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