ABCs/NUTS & BOLTS OF DEFENDING HOUSING LEAD CASES: Charles Jerome Ware, LLC, Attorneys & Counselors

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In Maryland, the District of Columbia, and throughout the United States, landlords, housing management companies, paint  manufacturers (a more elusive target) face an uphill battle in their attempts to negate lead  paint poisoning liability. Due their heavy industrial industry histories and their abundance of pre-1978 built houses and apartments, Baltimore and other Northeast metropolitan areas are considered by many commentators to be "ground zero" for lead painrt and lead poisoning  claims and lawsuits.

Due to the existence of presumptions working against defendants jury sympathies, and inconsistent legal analyses, a successful defense often rests upon proper documentation.  Upon receipt of a summons and complaint, obtaining, reviewing, and analyzing pertinent information concerning the subject residential premises (apartments and houses) in question are the important first steps in the defense of a lead-based paint lawsuit.

After service of the complaint on the defendant, aside from the inclusion of necessary affirmative defenses and cross-claims, much of a complaint can be answered with basic communication with the client. Specific questions to be asked and answered (regardless of the litigation) can include:
1. Whether the residential property in question was built before 1978 when lead-based paint was widely used;
2. What roles the property owner and management company played with regards to the premises;
3. Who was listed on the lease of the subject property;
4. Whether the client was aware of a previous lead paint claim in the subject property;
5. What measures were taken to ensure the residential property did not contain hazardous lead paint; and
6. Whether violations were issued and remediation or abatement  performed on the property.

An additional and early line of inquiry that should be conducted, of course. concerns lead insurance coverage for the loss. The client/defendant should be questioned about all insurance and carriers (primary, umbrella, and excess) during the alleged lead exposure period.

Additionally, it is necessary to determine who owned and managed the subject premises at the time of the alleged exposure.  Frequently, this will lead to the discovery of additional insurance coverage for the subject loss.

Should you have questions, or need an initial courtesy consultation, contact Charles Jerome Ware, LLC, Attorneys and Counsellors, at (410) 720-6129 or (410) 730-5016.