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Lead paint defense attorney Charles Jerome Ware and his staff can be reached at (410) 720-6129 or (410) 730-5016 for an appointment or a free initial consultation. Call us.
Many courts have started to recognize that a landlord defendant in a lead paint case has the right to question causation and thereby escape liability for lead poisoning of the plaintiff or mitigate the defendant landlord's damages. This strategy is operative even when there is evidence of lead exposure from the rental property and the defendant landlord had actual or constructive notice of the condition.
For instance, a landlord who has been negligent in dealing with lead hazards presented by paint is clearly entitled to challenge causation by showing that the plaintiff (as a young child) ingested other lead-containing substances during the relevant time periods.
Lawsuits by renters against landlords are the most common type of lead-based paint claims. These cases are generally based variously upon allegations of negligence, violation of consumer protection laws, breach of the implied warranty of habitability, fraud and other statutory violations. A number of legal defenses are available that utilize both medical causation as well as non-medical causation theories.
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