MARYLAND LEAD PAINT DEFENSE MANUAL : CHARLES JEROME WARE, ATTORNEYS (410) 720-6129

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For a free consultation when you have been sued for alleged lead paint liability, call premier lead paint defense attorney Charles Jerome Ware at (410) 720-6129. He and his staff can help you.

 Lead-based paint litigation and the problem of causation is persistent in the continuing battle between lead (Pb) poisoning victims, paint companies, builders, landlords, property owners and property managers. Recent trends in this area are of understandable concern , particularly to landlords. Juries frequently render civil verdicts in favor of young children (up to age 7 at the time of lead poisoning) who are often portrayed as being "intellectually impaired" as the result of their ingestion or inhalation of lead paint chips, flakes and dust. Indeed, numerous officials, judges and commentators have been known to suggest that in certain circumstances lead poisoning cases are "indefensible."

Children up to age 7 are especially susceptible to the effects of ingesting and inhaling lead (Pb). Lead, in sufficient quantities, is toxic and believed to be both carcinogenic and teratogenic. In young children, ingesting lead can affect the kidneys, the central nervous system, blood and reproductive systems. Despite efforts to remove lead from gasoline, paint, plumbing systems, homes and businesses, and  consumer products, the public is still exposed to lead in many places and circumstances such as water, air, dust and foods,  etc.

The vast majority of lead paint liability cases in Maryland are filed against residential rental landlords, especially in Baltimore City. The residences involved are virtually always built before 1978.

It was in 1951 that Baltimore banned the use of lead-based paint in Baltimore housing. This was the first such restriction in the nation. In 1978,  the federal government outlawed residential and consumer uses of lead paint in the United States.

When it comes to defending against lead paint liability claims, landlords should be aware of at least four key points: (1) Preparation; (2) Maintenance; (3) Notice; and (4) Record-keeping.

Some recommendations for residential rental landlords to follow to reduce potential claims and support the defense against claims being brought against them are as follows:

(1) Research the history of the property before purchasing (pre or post 1978-built residence);

(2) Prepare properly the residence ( lead remediation, removal, etc.) before leasing to tenants;

(3) Maintain the property;

(4) Before leasing the residence to a new tenant, require the potential tenant to disclose the names and ages of all persons who will reside in the rental unit;

(5) Inspect the property with the potential tenant and require the tenant to sign an inspection sheet confirming that each room is free of flaking, peeling, dusty or other defective paint conditions;

(6) Conduct periodic inspections of each rental space/room and follow the same procedure with respect to the maintenance of inspection sheets signed by tenants;

(7) Treat all complaints of dust, peeling or flaking paint conditions as emergencies as requiring immediate attention;

(8) Retain or engage certified, licensed and insured contractors or workers with experience in the field to perform any required lead remediation, abatement or removal work.

(9) If denied access to a rental unit to perform an inspection or maintenance work, document the denial within the "tenant/ property folder " and follow up with a letter to the tenant confirming the failure to gain access to the residential unit.