Wednesday, August 26, 2015

UNDERSTANDING BALTIMORE LEAD PAINT LITIGATION 101

www.charlesjeromeware.com                  "Here to make a Difference."


Premier defense attorney Charles Jerome Ware is Maryland-based, nationally-recognized and respected, and is ranked by both his many satisfied landlord clients as well as his legal peers as one of the top lead paint and lead poisoning defense lawyers in the United States. For an initial courtesy consultation, contact defense attorney Charles Ware at (410) 720-6129. He can help you when you have been named a defendant in a lead paint or lead poisoning case.


Baltimore literally is, and has been for many years, "ground zero" for residential lead paint poisoning in the United States.  Consequently, the lead paint civil case is one of the most common civil cases that is filed every year in the Baltimore City Circuit Court. Yet, this case is frequently filed against small, non-corporate, part-time landlords who are honest, decent citizens who participate in renting units in good-faith and without any ill intentions. Consequently, legal representation for this small-time landlord defendant is often attempted by attorneys not versed in lead paint defense work. Typically, the defendant's business or family lawyer will undertake to represent the small landlord ' as a favor".  Big mistake . Specialized legal experience and expertise are necessary for successful defense and survival from lawsuits in these cases. Civil judgments in these cases can run into millions of dollars and are increasingly common.


Lead paint and lead poisoning in Baltimore is considered by many to be a public health crisis. Lead is everywhere in the city; but the primary areas of most concern and the vast majority of lawsuits involve certain residential neighborhoods with apartments and house built before 1978, and which may contain legacy (old) lead-based paint. Lead-based paint was outlawed for use in residences in Baltimore in 1951, and was banned for consumer use (including residential units) by the Federal government in 1978.


There are numerous judges, other officials and commentators who have suggested that in certain circumstances lead poisoning cases are "indefensible."  I  respectfully disagree. In my long experience I have found there are always defenses available in these cases.


Lead (Pb) use has been around for over 6,000 years. Lead use in North America (including the Baltimore area) has occurred in abundance since Colonial times. Lead (Pb) does not dissolve in water, nor dissipate, nor decay, nor does it burn. The stuff --- it is an earth element with Atomic number 82 --- just lasts ... and lasts ... last lasts. It is estimated that there is presently more than 10 million metric tons of lead in the earth's environment. It will not disappear.


Children under the age of 6 are particularly vulnerable to lead when inhaled or ingested into their bodies. Lead can be inhaled or ingested into the human body in Baltimore not only from legacy lead contained in pre-1978 built apartments and houses, but also from these sources : drinking water, pipes and other plumbing fixtures, dust,  soil, the air we breathe, folk and home remedies, drinks and other liquids, toys, furniture, hobbies, jobs and job sites, industrial sites ( battery manufacturers, etc.), cosmetics, jewelry, foods, playgrounds, sandlots, pottery, ceramics, commercial buildings,etc.


Landlords renting residential units to tenants in Baltimore must be careful of the 3 keys : (1) MAINTENANCE of the rental property; (2) NOTICE to the tenants in the rental property; and (3) RECORD-KEEPING/DOCUMENTATION concerning both the tenants and the property itself.



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