www.charlesjeromeware.com " Here to make a Difference."
For an initial courtesy consultation, contact Maryland's premier landlord lead paint defense attorneys at Charles Jerome Ware, LLC, (410) 720-6129. We can help you when you are being sued in a lead paint poisoning case.
CAUSES OF ACTION
In the Baltimore metropolitan area, lawsuits by residential tenants against landlords are one of the most common types of lead-based paint claims. These claims are brought against not only private landlords but also against owners of public housing. These claims can generally allege negligence, breach of implied warranty of habitability, fraud, and statutory violations.
DEFENSES
There are a number of defenses available that utilize both medical causation and non-medical causation theories.
A. From a medical causation standpoint, defenses can include : (1) the injury has not been established, or the injury is so minor that it has caused no impairment, (2) scientific evidence has not conclusively established that lead (Pb) caused the injury exhibited by the child, and (3) there are other known causes of the injuries sustained by the child.
B. Non-medical causation defenses can include (I) the plaintiff failed to establish the alleged injury was caused by exposure to a lead (Pb)-containing product manufactured or used by the defendant; and (2) the plaintiff failed to prove that the source of the lead exposure was within the defendant's control.
No comments:
Post a Comment