Friday, August 29, 2014

TRIUMPH THROUGH CHALLENGE: WINNING DEFENSE LEAD PAINT CASES IN BALTIMORE

www.CharlesJeromeWare.com.  "Here to make a difference."  We can help defendants.

Charles Jerome Ware, Attorneys & Counselors, is a premier Maryland-based nationally-respected and highly-regarded lead-based paint poisoning defense law firm.  For an initial courtesy consultation, call us at (410) 730-5016 or (410) 720-6129, or email us at charlesjeromeware@msn.com.  We can help you defend yourself against Baltimore lead paint poisoning cases.  Guaranteed.

When it comes to lead-based paint poisoning cases in Baltimore, let us just say it is difficult being a landlord.  Lead-based paint is in fact a problem in Baltimore; so much so that, indeed, numerous local judges, officials and other commentators have suggested that in certain circumstances lead poisoning cases are "indefensible."  We respectfully disagree.  We believe there can always be defenses.

Lead paint poisoning claims can be defended on a number of grounds including other sources of the lead besides paint as well as challenging the Center for Disease Control's (CDC'S) conclusions regarding the effect on the blood of certain blood-levels of lead.

Recommendations for Landlords

In an effort to reduce potential claims and assist in the defense of claims being pursued, it is recommended that landlords adopt the following measures:

        (1). Prior to renting the premises to anyone, require the applicant-tenant to disclose in writing the names and current ages of all persons who will reside in the premises.
        (2). Inspect the premises WITH the applicant-tenant and require them to sign an inspection sheet confirming that each room is free of peeling, flaking, or other defective paint conditions.
        (3). Conduct periodic inspections of each apartment or residence anf follow the same procedure with respect to the maintenance of inspection sheets(checklists) signed by tenants.
        (4). Treat ALL complaints of peeling or flaking paint conditions as emergencies requiring immediate attention.
        (5).  Retain Maryland-licensed and insured contractors with experience in the field to perform any required lead abatement work.
        (6). Paint the premises every three years and maintain copious records of all maintenance, repair, and paint work performed within each unit.
        (7). If denied access to the premises to perform these inspections or maintenance work, document the denial within the tenant's folder immediately, and follow-up with a letter to the tenant confirming their failure to allow the landlord to gain access to the premises.

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