Thursday, January 15, 2015
Attorney Charles Ware's Blog: BALTIMORE LANDLORD DEFENSE CHALLENGE TO LEAD PAINT...
Attorney Charles Ware's Blog: BALTIMORE LANDLORD DEFENSE CHALLENGE TO LEAD PAINT...: www.charlesjeromeware.com . " Here to make a difference." For an initial courtesy consultation, contact Charles Jerome Ware, LL...
BALTIMORE LANDLORD DEFENSE CHALLENGE TO LEAD PAINT VIOLATIONS
www.charlesjeromeware.com. " Here to make a difference."
For an initial courtesy consultation, contact Charles Jerome Ware, LLC, a national lead-based paint defense law firm headquartered in Maryland, at (410) 720-6129 or (410) 730-5016.
In a Baltimore civil lead paint poisoning trial, it is almost certain that the jury will learn that a violation was issued to the landlord. If not properly challenged, the issuance of a violation by the State's regulatory agency against a landlord could result in a finding that the landlord was negligent.
There are other potential sources , however, of the child victim's lead exposure besides lead-based paint in and/or on the structure of the residential unit. Some of them are as follows :
A. Painted Furniture And Articles.
(1) Cribs,beds, or both.
(2) Other Furniture or toys.
B. Soft Metal Objects.
(1) Toys
(2) Jewelry
(3) Gunshot or bullets
(4) Fishing sinkers
(5) Soldered items
C. Food And Drink Containers, Utensils.
(1) Ceramic glazers
(2) Lead-soldered containers
(3) Lead Utensils
D. Occupations Of Parents And Other Adults In Contact With The Child.
(1) Painting
(2) Demolition
(3) Welding
E. Occupations Of Parents And Other Adults In Contact With The Child.
(1) Plumbing
(2) Automobile repair
(3) Metal recycling
(4) Construction
(5) Firing range
(6) Other occupations involving potential exposures to lead
F. Hobbies Of Parents And Other Adults In Contact With The Child.
(1) Painting pictures or printmaking
(2) Stripping furniture
(3) Painting bicycles or cars
(4) Casting lead into fishing sinkers or bullets
(5) Soldering electronic parts
(6) Making pottery
G. Locations Apart From The Defendant's Propert Where The Child Spends Time.
(1) Residences before tenancy
(2) Residences after tenancy
(3) Daycare areas
(4) Babysitters' residences
(5) Schools or preschools, and
(6) Outdoors play areas, including parks and playgrounds.
For an initial courtesy consultation, contact Charles Jerome Ware, LLC, a national lead-based paint defense law firm headquartered in Maryland, at (410) 720-6129 or (410) 730-5016.
In a Baltimore civil lead paint poisoning trial, it is almost certain that the jury will learn that a violation was issued to the landlord. If not properly challenged, the issuance of a violation by the State's regulatory agency against a landlord could result in a finding that the landlord was negligent.
There are other potential sources , however, of the child victim's lead exposure besides lead-based paint in and/or on the structure of the residential unit. Some of them are as follows :
A. Painted Furniture And Articles.
(1) Cribs,beds, or both.
(2) Other Furniture or toys.
B. Soft Metal Objects.
(1) Toys
(2) Jewelry
(3) Gunshot or bullets
(4) Fishing sinkers
(5) Soldered items
C. Food And Drink Containers, Utensils.
(1) Ceramic glazers
(2) Lead-soldered containers
(3) Lead Utensils
D. Occupations Of Parents And Other Adults In Contact With The Child.
(1) Painting
(2) Demolition
(3) Welding
E. Occupations Of Parents And Other Adults In Contact With The Child.
(1) Plumbing
(2) Automobile repair
(3) Metal recycling
(4) Construction
(5) Firing range
(6) Other occupations involving potential exposures to lead
F. Hobbies Of Parents And Other Adults In Contact With The Child.
(1) Painting pictures or printmaking
(2) Stripping furniture
(3) Painting bicycles or cars
(4) Casting lead into fishing sinkers or bullets
(5) Soldering electronic parts
(6) Making pottery
G. Locations Apart From The Defendant's Propert Where The Child Spends Time.
(1) Residences before tenancy
(2) Residences after tenancy
(3) Daycare areas
(4) Babysitters' residences
(5) Schools or preschools, and
(6) Outdoors play areas, including parks and playgrounds.
Tuesday, January 13, 2015
Attorney Charles Ware's Blog: Attorney Charles Ware's Blog: BALTIMORE 360 LEAD P...
Attorney Charles Ware's Blog: Attorney Charles Ware's Blog: BALTIMORE 360 LEAD P...: Attorney Charles Ware's Blog: BALTIMORE 360 LEAD PAINT DEFENSE & LIFE SCIENCES L... : www.charlesjeromeware.com . " Here to ma...
Attorney Charles Ware's Blog: BALTIMORE 360 LEAD PAINT DEFENSE & LIFE SCIENCES L...
Attorney Charles Ware's Blog: BALTIMORE 360 LEAD PAINT DEFENSE & LIFE SCIENCES L...: www.charlesjeromeware.com . " Here to make a difference." QUESTIONING CAUSATION FOR THE LEAD PO...
BALTIMORE 360 LEAD PAINT DEFENSE & LIFE SCIENCES LITIGATION ATTORNEYS
www.charlesjeromeware.com. " Here to make a difference."
QUESTIONING CAUSATION FOR THE LEAD POISONING :
Some basic changes are slowly evolving in the legal and medical area of lead paint exposure litigation. One of them is the issue of causation.
Some courts throughout the country are beginning to recognize that lead paint defendant landlords should still have the right to question and challenge the question of causation for the plaintiffs' injuries, and thereby either avoid liability or at least mitigate the landlords' damages; even in cases where there is ample evidence of lead exposure and the defendant landlord had actual or constructive notice of the lead exposure condition [see, Cunningham v. Anderson, 84 A.D.3d 1370, 1372 (3d Dept. 2011); Watson v. Priore , Oneida Co., N. Y. (2011)].
Further, there is growing observance among courts that other factors such as socioeconomic data, family history, and heredity play a role in a child's neuropsychological develop, and that evidence of these factors is relevant and admissible in court.
[ For an initial courtesy consultation, or to simply ask questions, contact Attorney Charles Jerome Ware at (410) 720-6129 or (410) 730-5016 ]
QUESTIONING CAUSATION FOR THE LEAD POISONING :
Some basic changes are slowly evolving in the legal and medical area of lead paint exposure litigation. One of them is the issue of causation.
Some courts throughout the country are beginning to recognize that lead paint defendant landlords should still have the right to question and challenge the question of causation for the plaintiffs' injuries, and thereby either avoid liability or at least mitigate the landlords' damages; even in cases where there is ample evidence of lead exposure and the defendant landlord had actual or constructive notice of the lead exposure condition [see, Cunningham v. Anderson, 84 A.D.3d 1370, 1372 (3d Dept. 2011); Watson v. Priore , Oneida Co., N. Y. (2011)].
Further, there is growing observance among courts that other factors such as socioeconomic data, family history, and heredity play a role in a child's neuropsychological develop, and that evidence of these factors is relevant and admissible in court.
[ For an initial courtesy consultation, or to simply ask questions, contact Attorney Charles Jerome Ware at (410) 720-6129 or (410) 730-5016 ]
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