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 ]
No comments:
Post a Comment