The premier lead-based paint poison defense law firm of Charles Jerome Ware, Attorneys and Counselors, LLC is Maryland-headquartered and nationally-recognized for its successful legal advice, counsel and representation of numerous satisfied clients who have been named as defendants in lead paint poisoning cases in Baltimore.
The information provided herein, though designed to be helpful, is not intended to be legal advice nor does it create an attorney-client relationship with the reader. The enclosed information is excerpted from the draft of a new proposed book by lead poisoning defense attorney Charles Jerome Ware. For an initial courtesy consultation, the reader is encouraged to call (410) 720-6129 or (410) 730-5016; or email us at charlesjeromeware@msn.com.
Even though childhood lead-based paint poisoning in Baltimore is considered by many authorities to be a "hidden epidemic", "silent killer" or "public health crisis," not every lead paint law suit brought by plaintiffs is a viable case. This is true even when substantial damage due to lead paint has occurred. The point is this: there are numerous proper defenses for defendants in lead paint poisoning cases.
For example, a typical and frequently successful defense strategy may be to argue the "environmental deficiencies" of the unfortunate plaintiff: i.e., mental and behavioral problems of the child may be due to (1) the fact that the child's family was not intact, (2) that the parent (single-mother) had severe drug addiction or alcoholism issues, (3) that, for whatever reason, chaos was a big part of the child's family upbringing, (4) that the child was moved to multiple homes within the time period in which the poisoning occurred, and so forth.
The point is, that, in my many years of defending clients in these cases, I have found that the so-called "airtight" lead-based paint poisoning case does not exist. I say this despite the fact that some authorities have opined that in certain circumstances lead poisoning cases are "indefensible."
To be sure, three of the best defenses landlords and other defendants can have to lead poisoning claims are (1) documented maintenance of the properties, (2) lead education of the clients, and (3) consistent and continuous monitoring of the properties by the landlord clients.
Generally, be aware and vigilant of the usual sources of lead in Baltimore residences:
- Older homes and buildings. If the residence was built before 1978, chances are good it has lead-based paint.
- Soil, yards and playgrounds.
- Dust.
- Some products bought in stores.
- Drinking water.
- Plumbing.
- Toys
- Hobbies.
- Folk remedies.
- Jobs
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