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There are a number of legitimate defenses available to landlords against lead paint poisoning that utilize both medical causation and non-medical causation theories. Just a few of them are as follows:
From a medical causation standpoint, lead paint defenses can include (a) the injury has not been established, (b) or the injury is minor that it has caused no physical impairment to the alleged victim/plaintiff; (c) scientific evidence has not conclusively established that lead caused the injury exhibited by the child; and (d0 there are other known causes of the injuries sustained by the child, et al.
Non-medical causation defenses can include, inter alia, (1) the plaintiff failed to establish the alleged injury was caused by exposure to a lead-containing product manufactured by the defendant (product liability case), and (2) the plaintiff failed to prove the source of the lead exposure was within the landlord defendant's control.
Other possible areas to examine in defense of a lead-poisoning case include (i) the intelligence of the child's parents, (ii) the health of the child's parents, (iii) child-raising techniques, (iv) the child's physical and mental health, and (v) the socioeconomic status of the child's family.
Should you have questions or desire an initial courtesy consultation with us, simply contact the law offices of Charles Jerome Ware, LLC, at (410) 720-6129 or (410) 730-5016.
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