Thursday, October 29, 2015
Attorney Charles Ware's Blog: Attorney Charles Ware's Blog: THE FICTITIOUS DUI A...
Attorney Charles Ware's Blog: Attorney Charles Ware's Blog: THE FICTITIOUS DUI A...: Attorney Charles Ware's Blog: THE FICTITIOUS DUI AND DWI THEORY OF THE "AVERAGE ... : www.charlesjeromeware.com &q...
Attorney Charles Ware's Blog: THE FICTITIOUS DUI AND DWI THEORY OF THE "AVERAGE ...
Attorney Charles Ware's Blog: THE FICTITIOUS DUI AND DWI THEORY OF THE "AVERAGE ...: www.charlesjeromeware.com "Here to make a Difference." The theory of the "average person" when it com...
THE FICTITIOUS DUI AND DWI THEORY OF THE "AVERAGE PERSON" : D.C. & MARYLAND "BEST 10" DUI/DWI ATTORNEY [AIDUIA]
www.charlesjeromeware.com "Here to make a Difference."
The theory of the "average person" when it comes to alcohol breath testing devices (breathalyzers) and blood-alcohol testing methods is simply fictitious.
One of the greatest sources of error in alcohol breathalyzer and blood-alcohol testing is the consistently recurring fiction that the driver being tested is perfectly average in certain critical physiological traits.
Obtaining an accurate blood-alcohol reading is completely dependent on the validity of a number of scientific assumptions. Unfortunately for the person (driver, usually) being tested, these assumptions are usually incorrect. The individual being tested is rarely "average" in even one of these critical characteristics, let alone in all of them. Distrust these devices.
The theory of the "average person" when it comes to alcohol breath testing devices (breathalyzers) and blood-alcohol testing methods is simply fictitious.
One of the greatest sources of error in alcohol breathalyzer and blood-alcohol testing is the consistently recurring fiction that the driver being tested is perfectly average in certain critical physiological traits.
Obtaining an accurate blood-alcohol reading is completely dependent on the validity of a number of scientific assumptions. Unfortunately for the person (driver, usually) being tested, these assumptions are usually incorrect. The individual being tested is rarely "average" in even one of these critical characteristics, let alone in all of them. Distrust these devices.
Attorney Charles Ware's Blog: Attorney Charles Ware's Blog: HO. CO. MARYLAND DRU...
Attorney Charles Ware's Blog: Attorney Charles Ware's Blog: HO. CO. MARYLAND DRU...: Attorney Charles Ware's Blog: HO. CO. MARYLAND DRUNK DRIVING LAWS : "BEST 10" DU... : www.charlesjeromeware.com &quo...
Attorney Charles Ware's Blog: MONT. CO. & HO. CO. DUI/DWI THEORY OF THE "AVERAGE...
Attorney Charles Ware's Blog: MONT. CO. & HO. CO. DUI/DWI THEORY OF THE "AVERAGE...: www.charlesjeromeware.com "Here to make a Difference." Premier Maryland DUI and DWI defense attorney Charles Ware is nat...
MONT. CO. & HO. CO. DUI/DWI THEORY OF THE "AVERAGE PERSON" : MARYLAND "BEST 10" DUI/DWI ATTORNEY CHARLES WARE [AIDUIA]
www.charlesjeromeware.com "Here to make a Difference."
Premier Maryland DUI and DWI defense attorney Charles Ware is nationally-recognized and respected, and ranked by his many satisfied clients as well as his legal peers as one of the top DUI and DWI defense attorneys in the United States. For an initial courtesy consultation, contact him at (410) 720-6129. He can help you.
THE DRUNK DRIVING (DUI and DWI) THEORY OF THE "AVERAGE PERSON"
In my many successful years of defending clients in drunk driving (DUI and DWI) cases, one of the greatest sources of error in alcohol breath testing (Breathalyzer) and blood-alcohol testing is the consistently recurring fallacy that the person tested is perfectly "average" in certain critical physiological traits. This is simply not true. No two body physiologies are the same
Obtaining an accurate blood-alcohol reading is completely dependent on the validity of a number of scientific assumptions. Unfortunately for the individual driver being tested, these assumptions are usually incorrect. The driver being tested is literally never "average" (however defined) in even one of these critical characteristics, let alone in all of them. Distrust these drunk driving devices.
Premier Maryland DUI and DWI defense attorney Charles Ware is nationally-recognized and respected, and ranked by his many satisfied clients as well as his legal peers as one of the top DUI and DWI defense attorneys in the United States. For an initial courtesy consultation, contact him at (410) 720-6129. He can help you.
THE DRUNK DRIVING (DUI and DWI) THEORY OF THE "AVERAGE PERSON"
In my many successful years of defending clients in drunk driving (DUI and DWI) cases, one of the greatest sources of error in alcohol breath testing (Breathalyzer) and blood-alcohol testing is the consistently recurring fallacy that the person tested is perfectly "average" in certain critical physiological traits. This is simply not true. No two body physiologies are the same
Obtaining an accurate blood-alcohol reading is completely dependent on the validity of a number of scientific assumptions. Unfortunately for the individual driver being tested, these assumptions are usually incorrect. The driver being tested is literally never "average" (however defined) in even one of these critical characteristics, let alone in all of them. Distrust these drunk driving devices.
Wednesday, October 28, 2015
Attorney Charles Ware's Blog: HO. CO. MARYLAND DRUNK DRIVING LAWS : "BEST 10" DU...
Attorney Charles Ware's Blog: HO. CO. MARYLAND DRUNK DRIVING LAWS : "BEST 10" DU...: www.charlesjeromeware.com "Here to make a Difference." [AIDUIA] Premier DUI and DWI defense attorney Charles Ware is M...
HO. CO. MARYLAND DRUNK DRIVING LAWS : "BEST 10" DUI AND DWI DEFENSE ATTORNEYS
www.charlesjeromeware.com "Here to make a Difference." [AIDUIA]
Premier DUI and DWI defense attorney Charles Ware is Maryland-based, nationally-recognized and respected, and ranked by his many satisfied clients and legal peers as one of the top drunk driving defense attorneys in the United States. For an initial courtesy consultation, contact the firm at (410) 720-6129.
In Howard County and throughout the State of Maryland, driving under the influence of alcohol (DUI) when your blood alcohol concentration (BAC) is 0.08 % or above is illegal. A reading of .07 qualifies the driver for a lesser DWI charge in Maryland.
The 0.08 limit is a standard measurement used across the United States for the "impaired" adult driver. The State of Maryland has a zero tolerance for alcohol for alcohol for drivers under the age of 21. If a driver under the age of 21 is found to have a 0.02 percent BAC or above their license could be suspended or revoked.
Commercial drivers also face a lower BAC limit of 0.04 percent in Maryland.
It is difficult to estimate how many alcoholic drinks it will take to reach the 0.08 BAC limit in a person. Each individual has unique physical characteristics that factor into the BAC equation. Attributes such as weight, sex, number of drinks consumed over a given period of time, etc., whether you have eaten (and how much), all play into the BAC formula for intoxication.
Maryland driving laws can be strict and complex. A DUI or DWI is certainly not an opportunity for defendant self-representation. These are serious charges that are treated as crimes, and not just simple traffic offenses. Punishment for a first offense DUI ranges up to $1000 and a year in jail . Punishment for a first offense DWI can be a $500 and 2 months in jail.
After a DUI or DWI arrest, you have only 10 days from the date of the arrest to request a Maryland Motor Vehicle Administration (MVA) hearing with the Office of Administrative Hearings (OAH) and pay a fee of $150 to the Maryland State Treasurer. If a person is arrested for drunk driving fails to request the hearing in time, their license will be suspended automatically for a period of time.
Premier DUI and DWI defense attorney Charles Ware is Maryland-based, nationally-recognized and respected, and ranked by his many satisfied clients and legal peers as one of the top drunk driving defense attorneys in the United States. For an initial courtesy consultation, contact the firm at (410) 720-6129.
In Howard County and throughout the State of Maryland, driving under the influence of alcohol (DUI) when your blood alcohol concentration (BAC) is 0.08 % or above is illegal. A reading of .07 qualifies the driver for a lesser DWI charge in Maryland.
The 0.08 limit is a standard measurement used across the United States for the "impaired" adult driver. The State of Maryland has a zero tolerance for alcohol for alcohol for drivers under the age of 21. If a driver under the age of 21 is found to have a 0.02 percent BAC or above their license could be suspended or revoked.
Commercial drivers also face a lower BAC limit of 0.04 percent in Maryland.
It is difficult to estimate how many alcoholic drinks it will take to reach the 0.08 BAC limit in a person. Each individual has unique physical characteristics that factor into the BAC equation. Attributes such as weight, sex, number of drinks consumed over a given period of time, etc., whether you have eaten (and how much), all play into the BAC formula for intoxication.
Maryland driving laws can be strict and complex. A DUI or DWI is certainly not an opportunity for defendant self-representation. These are serious charges that are treated as crimes, and not just simple traffic offenses. Punishment for a first offense DUI ranges up to $1000 and a year in jail . Punishment for a first offense DWI can be a $500 and 2 months in jail.
After a DUI or DWI arrest, you have only 10 days from the date of the arrest to request a Maryland Motor Vehicle Administration (MVA) hearing with the Office of Administrative Hearings (OAH) and pay a fee of $150 to the Maryland State Treasurer. If a person is arrested for drunk driving fails to request the hearing in time, their license will be suspended automatically for a period of time.
Monday, October 26, 2015
Attorney Charles Ware's Blog: LEAD PAINT POISONING : A PRIMER by BALTIMORE LEAD ...
Attorney Charles Ware's Blog: LEAD PAINT POISONING : A PRIMER by BALTIMORE LEAD ...: www.charlesjeromeware.com " Here to make a Difference." Premier landlord defense attorney Charles Jerome Ware ...
LEAD PAINT POISONING : A PRIMER by BALTIMORE LEAD DEFENSE ATTORNEY
www.charlesjeromeware.com " Here to make a Difference."
Premier landlord defense attorney Charles Jerome Ware is Maryland-based, nationally-recognized and respected, and highly ranked by his many satisfied clients as well as his legal peers as one of the top lead paint and lead poisoning defense attorneys in the United States. For an initial courtesy consultation, contact Attorney Charles Ware at (410) 720-6129. He can help you.
Lead Poisoning ("Plumbism") - A Historical Perspective
Lead poisoning has existed for over 6,000 years, as lead (Pb) has been mined and used by humans over that period of time. Lead, then, has been known to humans since at least 4,000 BC. The Egyptians, Hebrews, Phoenicians, Romans and Spaniards all used lead in abundance The Romans famously added lead to their wine as a sweetener --- apparently much to their distress and demise. It is stated by many historians that the substantial consumption of lead (Pb) in all areas of the Roman life actually contributed to the downfall of that once-great civilization.
Lead is a malleable, sweet-tasting (particularly to very young children), heavy metal (Atomic Number 82) that does not dissolve in water, does not dissipate, nor decay, nor burn. This stuff just lasts, and lasts, and lasts. It is guesstimated that several million metric tons of lead residue has accumulated in the earth's environment over the years. Lead is now virtually everywhere.
Just about everybody in industrial civilizations have some lead in their bodies due to the ubiquitous nature of lead in the earth's environment. Lead is found in many consumer products manufactured in countries all over the world, including the United States. Beyond just the air we breathe and the water we drink, products containing lead (Pb) include toys, furniture --- including cribs and highchairs, jewelry, cosmetics, lunchboxes, folk and home remedies, etc. In fact, in the 2000s many toys were recalled by the Consumer Product Safety Commission ( the Federal agency that banned the use of lead paint for residential and consumer use in 1978) when they were found to be contaminated with lead.
Consumers and children (particularly under the age of 6 or 7) can also be exposed to lead through imported pottery, candies (from Mexico, etc.) or Asian and South American folk remedies, which may contain high concentrations of lead. Further, lead particles or dust can be brought into the home from contaminated work clothes and can lead to toxic exposure. Despite all of these potential sources of lead (Pb), and more, most exposure lead litigation arise out of alleged lead paint ingestion or inhalation by children living in or visiting pre-1978 built houses and apartments.
Premier landlord defense attorney Charles Jerome Ware is Maryland-based, nationally-recognized and respected, and highly ranked by his many satisfied clients as well as his legal peers as one of the top lead paint and lead poisoning defense attorneys in the United States. For an initial courtesy consultation, contact Attorney Charles Ware at (410) 720-6129. He can help you.
Lead Poisoning ("Plumbism") - A Historical Perspective
Lead poisoning has existed for over 6,000 years, as lead (Pb) has been mined and used by humans over that period of time. Lead, then, has been known to humans since at least 4,000 BC. The Egyptians, Hebrews, Phoenicians, Romans and Spaniards all used lead in abundance The Romans famously added lead to their wine as a sweetener --- apparently much to their distress and demise. It is stated by many historians that the substantial consumption of lead (Pb) in all areas of the Roman life actually contributed to the downfall of that once-great civilization.
Lead is a malleable, sweet-tasting (particularly to very young children), heavy metal (Atomic Number 82) that does not dissolve in water, does not dissipate, nor decay, nor burn. This stuff just lasts, and lasts, and lasts. It is guesstimated that several million metric tons of lead residue has accumulated in the earth's environment over the years. Lead is now virtually everywhere.
Just about everybody in industrial civilizations have some lead in their bodies due to the ubiquitous nature of lead in the earth's environment. Lead is found in many consumer products manufactured in countries all over the world, including the United States. Beyond just the air we breathe and the water we drink, products containing lead (Pb) include toys, furniture --- including cribs and highchairs, jewelry, cosmetics, lunchboxes, folk and home remedies, etc. In fact, in the 2000s many toys were recalled by the Consumer Product Safety Commission ( the Federal agency that banned the use of lead paint for residential and consumer use in 1978) when they were found to be contaminated with lead.
Consumers and children (particularly under the age of 6 or 7) can also be exposed to lead through imported pottery, candies (from Mexico, etc.) or Asian and South American folk remedies, which may contain high concentrations of lead. Further, lead particles or dust can be brought into the home from contaminated work clothes and can lead to toxic exposure. Despite all of these potential sources of lead (Pb), and more, most exposure lead litigation arise out of alleged lead paint ingestion or inhalation by children living in or visiting pre-1978 built houses and apartments.
Friday, October 23, 2015
Attorney Charles Ware's Blog: "MUTUAL CONSENT" DIVORCE IN MONTGOMERY COUNTY, MAR...
Attorney Charles Ware's Blog: "MUTUAL CONSENT" DIVORCE IN MONTGOMERY COUNTY, MAR...: www.charlesjeromeware.com " Here to make a Difference." Premier matrimonial law attorney Charles Jerome Ware is Maryl...
"MUTUAL CONSENT" DIVORCE IN MONTGOMERY COUNTY, MARYLAND: Charles Jerome Ware, LLC, A National Law Firm
www.charlesjeromeware.com " Here to make a Difference."
Premier matrimonial law attorney Charles Jerome Ware is Maryland-based, nationally-recognized and respected, and rated by his many satisfied clients, legal peers, as well as the national service rating firm, PrimeBuyersReport, as one of the "best" divorce and family law attorneys in the State of Maryland. For an initial courtesy consultation, contact attorney Charles Ware at (410) 720-6129. He can help you.
" Mutual Consent" as a new ground for divorce has come to Maryland, and consequently to Montgomery County.
There are four conditions for Divorce by "Mutual Consent" in Maryland: (1) The parties have no minor children in common; (2) The parties have a signed, written settlement agreement covering both alimony and property rights that they submit to the Court; (3) Neither party asks the Court to set aside their written settlement agreement; and (4) The parties both appear at the uncontested divorce hearing.
Premier matrimonial law attorney Charles Jerome Ware is Maryland-based, nationally-recognized and respected, and rated by his many satisfied clients, legal peers, as well as the national service rating firm, PrimeBuyersReport, as one of the "best" divorce and family law attorneys in the State of Maryland. For an initial courtesy consultation, contact attorney Charles Ware at (410) 720-6129. He can help you.
" Mutual Consent" as a new ground for divorce has come to Maryland, and consequently to Montgomery County.
There are four conditions for Divorce by "Mutual Consent" in Maryland: (1) The parties have no minor children in common; (2) The parties have a signed, written settlement agreement covering both alimony and property rights that they submit to the Court; (3) Neither party asks the Court to set aside their written settlement agreement; and (4) The parties both appear at the uncontested divorce hearing.
Attorney Charles Ware's Blog: "MUTUAL CONSENT" DIVORCE IN HOWARD COUNTY,MARYLAND...
Attorney Charles Ware's Blog: "MUTUAL CONSENT" DIVORCE IN HOWARD COUNTY,MARYLAND...: www.charlesjeromeware.com "Here to make a Difference." Premier matrimonial law attorney Charles Jerome Ware, is...
"MUTUAL CONSENT" DIVORCE IN HOWARD COUNTY,MARYLAND : Charles Jerome Ware, LLC, A National Law Firm
www.charlesjeromeware.com "Here to make a Difference."
Premier matrimonial law attorney Charles Jerome Ware, is Howard County-based, nationally recognized and respected, and ranked by his many satisfied clients, legal peers, as well as the PrimeBuyersReport as one of the "best" divorce and family law attorneys in Howard County, Maryland. For an initial courtesy consultation, contact Attorney Charles Ware at (410) 720-6129.
Divorce by "mutual consent" has come to Maryland and consequently to Howard County. This is a new ground for absolute divorce in the State of Maryland, and it became effective on October 1st, 2015. It replaces the old ground of at least one-year separation of the parties.
There are 4 conditions for absolute divorce by "mutual consent" in the State of Maryland:
(1) The married parties have no minor children in common;
(2) The parties have a signed, written settlement agreement covering both alimony and property rights that they submit to the Court;
(3) Neither party asks the Court to set aside their written settlement agreement; and
(4) Both parties appear at the uncontested divorce hearing.
Premier matrimonial law attorney Charles Jerome Ware, is Howard County-based, nationally recognized and respected, and ranked by his many satisfied clients, legal peers, as well as the PrimeBuyersReport as one of the "best" divorce and family law attorneys in Howard County, Maryland. For an initial courtesy consultation, contact Attorney Charles Ware at (410) 720-6129.
Divorce by "mutual consent" has come to Maryland and consequently to Howard County. This is a new ground for absolute divorce in the State of Maryland, and it became effective on October 1st, 2015. It replaces the old ground of at least one-year separation of the parties.
There are 4 conditions for absolute divorce by "mutual consent" in the State of Maryland:
(1) The married parties have no minor children in common;
(2) The parties have a signed, written settlement agreement covering both alimony and property rights that they submit to the Court;
(3) Neither party asks the Court to set aside their written settlement agreement; and
(4) Both parties appear at the uncontested divorce hearing.
Attorney Charles Ware's Blog: MARYLAND DIVORCE BY "MUTUAL CONSENT" : HO. CO. "BE...
Attorney Charles Ware's Blog: MARYLAND DIVORCE BY "MUTUAL CONSENT" : HO. CO. "BE...: www.charlesjeromeware.com " Here to make a Difference." Premier divorce and family law attorney Charles Jerome Wa...
MARYLAND DIVORCE BY "MUTUAL CONSENT" : HO. CO. "BEST DIVORCE ATTORNEY" [PrimeBuyersReport]
www.charlesjeromeware.com " Here to make a Difference."
Premier divorce and family law attorney Charles Jerome Ware is Howard County-based, and recognized and respected by his many satisfied clients as well as his legal peers as one of the best divorce and family law attorneys in the State of Maryland [PrimeBuyersReport]. For an initial courtesy consultation, contact him at (410) 720-6129.
New Maryland Ground For Divorce : " Mutual Consent"
Effective October 1st, 2015, a new ground for divorce in Maryland went into effect : divorce by "mutual consent". There are four( 4) fundamental pre-conditions for this new ground for an absolute divorce in Maryland :
(1) The parties must have no minor children in common;
(2) The parties have a signed, written settlement agreement covering both alimony and marital property rights that they must submit to the Court;
(3) Neither party asks the Court to set aside their written settlement agreement; and
(4) They both appear in person at the uncontested divorce hearing.
Separation Before Filing For Divorce Not Required
It is very significant that this new "no fault" ground for divorce does not require the couple/parties to be separated for any period of time before filing for the divorce. Previously, the law required at least a one-year separation period by the parties.
Advantages of the New Ground
The new ground of "mutual consent" for absolute divorce allows couples to continue to live in the same household while they negotiate a settlement of the issues posed by their anticipated split-up, without delaying the date they can ultimately seek a divorce on no-fault grounds.
Premier divorce and family law attorney Charles Jerome Ware is Howard County-based, and recognized and respected by his many satisfied clients as well as his legal peers as one of the best divorce and family law attorneys in the State of Maryland [PrimeBuyersReport]. For an initial courtesy consultation, contact him at (410) 720-6129.
New Maryland Ground For Divorce : " Mutual Consent"
Effective October 1st, 2015, a new ground for divorce in Maryland went into effect : divorce by "mutual consent". There are four( 4) fundamental pre-conditions for this new ground for an absolute divorce in Maryland :
(1) The parties must have no minor children in common;
(2) The parties have a signed, written settlement agreement covering both alimony and marital property rights that they must submit to the Court;
(3) Neither party asks the Court to set aside their written settlement agreement; and
(4) They both appear in person at the uncontested divorce hearing.
Separation Before Filing For Divorce Not Required
It is very significant that this new "no fault" ground for divorce does not require the couple/parties to be separated for any period of time before filing for the divorce. Previously, the law required at least a one-year separation period by the parties.
Advantages of the New Ground
The new ground of "mutual consent" for absolute divorce allows couples to continue to live in the same household while they negotiate a settlement of the issues posed by their anticipated split-up, without delaying the date they can ultimately seek a divorce on no-fault grounds.
Thursday, October 22, 2015
Attorney Charles Ware's Blog: LEAD POISONING DEFENSE : Charles Jerome Ware, LLC ...
Attorney Charles Ware's Blog: LEAD POISONING DEFENSE : Charles Jerome Ware, LLC ...: www.charlesjeromeware.com " Here to make Difference." The premier defense law firm of Charles Jerome Ware, LLC, is Mar...
LEAD POISONING DEFENSE : Charles Jerome Ware, LLC -- BALTIMORE, MARYLAND
www.charlesjeromeware.com " Here to make Difference."
The premier defense law firm of Charles Jerome Ware, LLC, is Maryland-based, nationally recognized and respected, and ranked among its many satisfied clients and legal peers as one of the top lead paint and lead poising defense law firms in the United States. For an initial courtesy consultation, contact us at (410) 720-6129. We can help you when you are sued for lead poisoning.
Charles Jerome Ware, LLC possesses the necessary skills, experiences, and resources to successfully defend landlords against lead paint and lead poisoning ("Plumbism") claims and lawsuits. We know the law, medicine and science necessary to successfully defend landlords in toxic lead (Pb) exposure cases, both in court and out.
It is generally believed by many that lead (Pb) is virtually everywhere in the Baltimore metropolitan area. Lead exposure is also considered by many to be a public health problem in this area. Pre-1978 built apartments and houses bear the brunt of lead poisoning claims and lawsuits against residential rental property landlords and landowners, but there are many other sources of toxic lead in the area. Some of those additional sources include : the air we breathe, the water we drink, dust, soil, playgrounds, sandlots, food and drink, jobs, hobbies, industrial sites, toys, furniture, jewelry, cosmetics, folk and home remedies, candies from Mexico, etc.
Lead (Pb) first became popular in what is now the United States during Colonial times. It was outlawed in Baltimore City public housing paint in 1951, and banned in all Baltimore housing paint in 1966. The Federal government finally banned the use of lead-based paint in residential and consumer products throughout the United States in 1978.
The premier defense law firm of Charles Jerome Ware, LLC, is Maryland-based, nationally recognized and respected, and ranked among its many satisfied clients and legal peers as one of the top lead paint and lead poising defense law firms in the United States. For an initial courtesy consultation, contact us at (410) 720-6129. We can help you when you are sued for lead poisoning.
Charles Jerome Ware, LLC possesses the necessary skills, experiences, and resources to successfully defend landlords against lead paint and lead poisoning ("Plumbism") claims and lawsuits. We know the law, medicine and science necessary to successfully defend landlords in toxic lead (Pb) exposure cases, both in court and out.
It is generally believed by many that lead (Pb) is virtually everywhere in the Baltimore metropolitan area. Lead exposure is also considered by many to be a public health problem in this area. Pre-1978 built apartments and houses bear the brunt of lead poisoning claims and lawsuits against residential rental property landlords and landowners, but there are many other sources of toxic lead in the area. Some of those additional sources include : the air we breathe, the water we drink, dust, soil, playgrounds, sandlots, food and drink, jobs, hobbies, industrial sites, toys, furniture, jewelry, cosmetics, folk and home remedies, candies from Mexico, etc.
Lead (Pb) first became popular in what is now the United States during Colonial times. It was outlawed in Baltimore City public housing paint in 1951, and banned in all Baltimore housing paint in 1966. The Federal government finally banned the use of lead-based paint in residential and consumer products throughout the United States in 1978.
Attorney Charles Ware's Blog: Attorney Charles Ware's Blog: DEVELOPMENT OF THE B...
Attorney Charles Ware's Blog: Attorney Charles Ware's Blog: DEVELOPMENT OF THE B...: Attorney Charles Ware's Blog: DEVELOPMENT OF THE BALTIMORE LEAD PAINT DEFENSE : ... : www.charlesjeromeware.com &qu...
BALTIMORE LEAD PAINT DEFENSE "MIND" FACTORS : Charles Jerome Ware. LLC, A National Law Firm
www.charlesjeromeware.com "Here to make a Difference."
Premier defense attorney Charles Ware is Maryland-base, nationally recognized and respected, and ranked by his many satisfied 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 if a claim or lawsuit has been filed against you for lead poisoning.
Because lead poisoning is considered by many to be a public health problem in Baltimore, there are numerous judges, elected officials, and commentators who have suggested that in certain circumstances lead poisoning cases are "indefensible". Based upon our experiences and successes over many years, we respectfully disagree.
As in any other lawsuit, lead paint and lead poisoning cases are fact specific; and not all cases have the exact same facts. Further, toxic lead (Pb) can come from numerous and various sources in the Baltimore area, including : the air we breathe, the water we drink, the food and drink we consume, pipes and pipe fixtures, dust, soil, playgrounds and sand lots, toys, furniture, jobs, hobbies, industrial sites, pottery, ceramics, candies from such places as Mexico, etc., and, of course, pre-1978 built apartments and houses.
In my many years of successfully defending landlords in lead paint and lead poisoning lawsuits, I have developed four (4) factors that every residential rental unit landlord should remember in avoiding and/or winning lead paint cases: " M I N D" ---
(1) Always have good MAINTENANCE of the rental property;
(2) Keep track of all ILLNESSES of tenants living in the rental property;
(3) Provide adequate NOTICE to tenants about the rental property; and
(4) Keep good DOCUMENTATION (Record-keeping).
Premier defense attorney Charles Ware is Maryland-base, nationally recognized and respected, and ranked by his many satisfied 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 if a claim or lawsuit has been filed against you for lead poisoning.
Because lead poisoning is considered by many to be a public health problem in Baltimore, there are numerous judges, elected officials, and commentators who have suggested that in certain circumstances lead poisoning cases are "indefensible". Based upon our experiences and successes over many years, we respectfully disagree.
As in any other lawsuit, lead paint and lead poisoning cases are fact specific; and not all cases have the exact same facts. Further, toxic lead (Pb) can come from numerous and various sources in the Baltimore area, including : the air we breathe, the water we drink, the food and drink we consume, pipes and pipe fixtures, dust, soil, playgrounds and sand lots, toys, furniture, jobs, hobbies, industrial sites, pottery, ceramics, candies from such places as Mexico, etc., and, of course, pre-1978 built apartments and houses.
In my many years of successfully defending landlords in lead paint and lead poisoning lawsuits, I have developed four (4) factors that every residential rental unit landlord should remember in avoiding and/or winning lead paint cases: " M I N D" ---
(1) Always have good MAINTENANCE of the rental property;
(2) Keep track of all ILLNESSES of tenants living in the rental property;
(3) Provide adequate NOTICE to tenants about the rental property; and
(4) Keep good DOCUMENTATION (Record-keeping).
Tuesday, October 20, 2015
Attorney Charles Ware's Blog: DEVELOPMENT OF THE BALTIMORE LEAD PAINT DEFENSE : ...
Attorney Charles Ware's Blog: DEVELOPMENT OF THE BALTIMORE LEAD PAINT DEFENSE : ...: www.charlesjeromeware.com "Here to make a Difference." Premier defense attorney Charles Jerome Ware is Mary...
DEVELOPMENT OF THE BALTIMORE LEAD PAINT DEFENSE : Charles Jerome Ware, LLC, A National Law Firm
www.charlesjeromeware.com "Here to make a Difference."
Premier defense attorney Charles Jerome Ware is Maryland-based, nationally-recognized and respected, and ranked by his many satisfied landlord clients as well as his legal peers as one of the top lead paint and lead poisoning defense attorneys in the United States. For an initial courtesy consultation, contact defense attorney Charles Ware and his colleagues at (410) 720-6129. They can help you.
Development of the lead paint defense begins when the landowner or landlord purchases the pre-1978 built rental property. Good maintenance of the rental property, adequate notice to the tenants, and good record-keeping/documentation are paramount to successful avoidance of, and prevailing in, lead paint claims and lawsuits.
At a minimum, the following are documents that the landlord should maintain for each tenant and each rental property, among others :
1. Tenant file or folder;
2. Records of tenant and government complaints;
3. Property repair records;
4. Maintenance records (including painting and sheetrocking);
5. Names of companies and vendors (workers, etc.);
6. Names of any entities retained to insure compliance with federal, state, or local law;
7. Names of persons responsible for repair and maintenance of the rental units; and
8. Lead abatement records.
Premier defense attorney Charles Jerome Ware is Maryland-based, nationally-recognized and respected, and ranked by his many satisfied landlord clients as well as his legal peers as one of the top lead paint and lead poisoning defense attorneys in the United States. For an initial courtesy consultation, contact defense attorney Charles Ware and his colleagues at (410) 720-6129. They can help you.
Development of the lead paint defense begins when the landowner or landlord purchases the pre-1978 built rental property. Good maintenance of the rental property, adequate notice to the tenants, and good record-keeping/documentation are paramount to successful avoidance of, and prevailing in, lead paint claims and lawsuits.
At a minimum, the following are documents that the landlord should maintain for each tenant and each rental property, among others :
1. Tenant file or folder;
2. Records of tenant and government complaints;
3. Property repair records;
4. Maintenance records (including painting and sheetrocking);
5. Names of companies and vendors (workers, etc.);
6. Names of any entities retained to insure compliance with federal, state, or local law;
7. Names of persons responsible for repair and maintenance of the rental units; and
8. Lead abatement records.
Monday, October 19, 2015
Attorney Charles Ware's Blog: MARYLAND PERSONAL INJURY LAW CENTER : Charles Jero...
Attorney Charles Ware's Blog: MARYLAND PERSONAL INJURY LAW CENTER : Charles Jero...: www.charlesjeromeware.com "Here to make a Difference." The premier national law firm of Charles Jerome Ware, LLC is Mary...
MARYLAND PERSONAL INJURY LAW CENTER : Charles Jerome Ware, LLC, A National Law Firm
www.charlesjeromeware.com "Here to make a Difference."
The premier national law firm of Charles Jerome Ware, LLC is Maryland-based, and it is ranked by its many satisfied clients as well as its legal peers as one of the top personal injury and wrongful death law firms in the United States. For an initial courtesy consultation, contact the firm at (410) 720- 6129. We can help you.
For numerous reasons, contrary to popular myth, personal injury is definitely not an area of the law that is suited for self-representation.
There are many different kinds of personal injury cases, including automobile accidents, medical malpractice, product liability, slip-and-falls, and other instances of body-injury negligence. Each type of personal injury case requires different skills and expertise for success. These cases can be very difficult. Four points for the layman to remember about personal injury cases are as follows : (1) there are no forms or self-help programs to guide the layman in pursuing his or her personal injury case; (2) You will need expert witnesses in most cases, and evidence in every case; (3) You will need to understand and use the "discovery" process; and (4) Your case is likely to settle without a court hearing.
Personal injury cases are part of the larger law of torts. The terms "personal injury" mean an injury to your body or mind. A "tort" means a wrongful action that injures a person, for which the injured persona may receive monetary compensation from the person who committed the wrongful action. Torts may result from intentional or negligent actions.
"Negligence" is an action that accidentally injures someone. In a negligence case, the plaintiff claims that the defendant did not do something that he or she should have done. To make a claim for negligence, the plaintiff must prove that the defendant breached a duty of care owed to the defendant causing injury to the plaintiff.
In all personal injury claims, you are limited by the "statute of limitations." The "statute of limitations" is the law that limits the amount of time you have to file a legal case against another person.
The premier national law firm of Charles Jerome Ware, LLC is Maryland-based, and it is ranked by its many satisfied clients as well as its legal peers as one of the top personal injury and wrongful death law firms in the United States. For an initial courtesy consultation, contact the firm at (410) 720- 6129. We can help you.
For numerous reasons, contrary to popular myth, personal injury is definitely not an area of the law that is suited for self-representation.
There are many different kinds of personal injury cases, including automobile accidents, medical malpractice, product liability, slip-and-falls, and other instances of body-injury negligence. Each type of personal injury case requires different skills and expertise for success. These cases can be very difficult. Four points for the layman to remember about personal injury cases are as follows : (1) there are no forms or self-help programs to guide the layman in pursuing his or her personal injury case; (2) You will need expert witnesses in most cases, and evidence in every case; (3) You will need to understand and use the "discovery" process; and (4) Your case is likely to settle without a court hearing.
Personal injury cases are part of the larger law of torts. The terms "personal injury" mean an injury to your body or mind. A "tort" means a wrongful action that injures a person, for which the injured persona may receive monetary compensation from the person who committed the wrongful action. Torts may result from intentional or negligent actions.
"Negligence" is an action that accidentally injures someone. In a negligence case, the plaintiff claims that the defendant did not do something that he or she should have done. To make a claim for negligence, the plaintiff must prove that the defendant breached a duty of care owed to the defendant causing injury to the plaintiff.
In all personal injury claims, you are limited by the "statute of limitations." The "statute of limitations" is the law that limits the amount of time you have to file a legal case against another person.
Wednesday, October 14, 2015
Attorney Charles Ware's Blog: HO. CO. MARYLAND RESIDENT D. C. DUI & DWI DEFENSE ...
Attorney Charles Ware's Blog: HO. CO. MARYLAND RESIDENT D. C. DUI & DWI DEFENSE ...: www.charlesjeromeware.com "Here to make a Difference." Premier defense attorney Charles Ware is Howard County, Maryla...
HO. CO. MARYLAND RESIDENT D. C. DUI & DWI DEFENSE : "BEST 10" DUI/DWI ATTORNEY CHARLES WARE
www.charlesjeromeware.com "Here to make a Difference."
Premier defense attorney Charles Ware is Howard County, Maryland-based, nationally -known and respected, and ranked by his many satisfied clients, his legal peers, as well as several national legal organizations as one of the top drunk driving defense attorneys in the United States . For an initial courtesy consultation, contact Attorney Charles Ware at (410) 720-6129. He can help you when you are charged and arrested in Washington, D. C. or Maryland for drunk driving.
The Washington, D. C. DUI and DWI Judicial Process
(1) The first court appearance following a drunk driving (DUI and/or DWI) arrest in Washington, District of Columbia is the ARRAIGNMENT. At this hearing, DUI and DWI defendants will appear before a magistrate judge (usually) who will formally read the charges that have been filed against the defendant (unless the reading is waived by the defendant). The defendant will be asked by the judge to enter a plea of "not guilty" or "guilty" of the offenses charged. If the defendant enters a plea of guilty at the arraignment, the judge will impose a sentence upon him or her. If a plea of not guilty is entered by the defendant, the case will be set for a pre-trial hearing or a trial.
(2) At the Pre-Trial Hearing. the defendant or his/her attorney as well as the prosecution will go before the judge (court) to update the judge on the status of the case. Issues with discovery (evidence gathering) and scheduling will be resolved, if necessary. A pre-trial conference may take place, during which the defense attorney and the prosecutor may attempt to negotiate a plea agreement. If a plea agreement is reached, the terms will be entered in court on the record. If no agreement develops, the case will be scheduled for trial and proceed to that date.
(3) The defense as well as the prosecution may litigate motions in between pre-trial and the trial.
(4) DUI and DWI defendants in Washington, D.C., as in Maryland and about all other states I am aware of, have aright to choose between a bench trial (the judge decides guilt or innocence) or a jury trial ( who must decide unanimously on guilt or innocence). Depending upon whether the defendant is found guilty, sentencing follows. If found innocent, all charges against the defendant will be dismissed immediately,
(5) Following a guilty verdict, the DUI or DWI defendant is entitled to request an appeal froma higher court for a review of the lower court's decision. Appeals must be made timely, or the right to appeal will be considered waived.
(6) First-time drunk driving offenders may be eligible for a pre-trial diversion. Defendants with prior DUI/DWI convictions, those who refused chemical testing or had a Blood Alcohol Concentration (BAC) of 0.12 or higher and persons involved in an accident are ineligible for the program. In exchange for giving up the right to a trial and the agreement to attend drunk driving classes, the prosecutor will agree to dismiss the charges.
Premier defense attorney Charles Ware is Howard County, Maryland-based, nationally -known and respected, and ranked by his many satisfied clients, his legal peers, as well as several national legal organizations as one of the top drunk driving defense attorneys in the United States . For an initial courtesy consultation, contact Attorney Charles Ware at (410) 720-6129. He can help you when you are charged and arrested in Washington, D. C. or Maryland for drunk driving.
The Washington, D. C. DUI and DWI Judicial Process
(1) The first court appearance following a drunk driving (DUI and/or DWI) arrest in Washington, District of Columbia is the ARRAIGNMENT. At this hearing, DUI and DWI defendants will appear before a magistrate judge (usually) who will formally read the charges that have been filed against the defendant (unless the reading is waived by the defendant). The defendant will be asked by the judge to enter a plea of "not guilty" or "guilty" of the offenses charged. If the defendant enters a plea of guilty at the arraignment, the judge will impose a sentence upon him or her. If a plea of not guilty is entered by the defendant, the case will be set for a pre-trial hearing or a trial.
(2) At the Pre-Trial Hearing. the defendant or his/her attorney as well as the prosecution will go before the judge (court) to update the judge on the status of the case. Issues with discovery (evidence gathering) and scheduling will be resolved, if necessary. A pre-trial conference may take place, during which the defense attorney and the prosecutor may attempt to negotiate a plea agreement. If a plea agreement is reached, the terms will be entered in court on the record. If no agreement develops, the case will be scheduled for trial and proceed to that date.
(3) The defense as well as the prosecution may litigate motions in between pre-trial and the trial.
(4) DUI and DWI defendants in Washington, D.C., as in Maryland and about all other states I am aware of, have aright to choose between a bench trial (the judge decides guilt or innocence) or a jury trial ( who must decide unanimously on guilt or innocence). Depending upon whether the defendant is found guilty, sentencing follows. If found innocent, all charges against the defendant will be dismissed immediately,
(5) Following a guilty verdict, the DUI or DWI defendant is entitled to request an appeal froma higher court for a review of the lower court's decision. Appeals must be made timely, or the right to appeal will be considered waived.
(6) First-time drunk driving offenders may be eligible for a pre-trial diversion. Defendants with prior DUI/DWI convictions, those who refused chemical testing or had a Blood Alcohol Concentration (BAC) of 0.12 or higher and persons involved in an accident are ineligible for the program. In exchange for giving up the right to a trial and the agreement to attend drunk driving classes, the prosecutor will agree to dismiss the charges.
Friday, October 9, 2015
Attorney Charles Ware's Blog: MARYLAND DUI & DWI "STATIONARY SHELTER" DOCTRINE :...
Attorney Charles Ware's Blog: MARYLAND DUI & DWI "STATIONARY SHELTER" DOCTRINE :...: www.charlesjeromeware.com " Here to make a Difference." For an initial courtesy consultation, contact premier DUI and...
MARYLAND DUI & DWI "STATIONARY SHELTER" DOCTRINE : "BEST 10" DUI & DWI DEFENSE ATTORNEY Charles Ware [AIDUIA]
www.charlesjeromeware.com " Here to make a Difference."
For an initial courtesy consultation, contact premier DUI and DWI defense attorney Charles Jerome Ware at (410) 720-6129. He can help you.
A key Maryland case establishing both DUI and DWI defenses of (1) the "Stationary Shelter" Doctrine as well as (2) the " sleep it off " defense is : Boyce Cornelius ATKINSON vs. STATE of Maryland, 331 Md. 199 (1993), 627 A.2d 1019.
The issue in the case was whether the appellant/defendant who was sitting intoxicated and asleep in the driver's seat of his car, lawfully parked on the shoulder of the road, with the keys in the ignition but the engine turned off, was properly found to be in "actual physical control" of his vehicle and thereby convicted of driving while under the influence (DUI).
. The answer is "no". Because the Court properly believe the appellant/defendant was not in "actual physical control" of his car, as contemplated by Maryland Code (1977, 1992 Repl. Vol), Transportation Article, Section 21-902, his conviction was reversed.
For an initial courtesy consultation, contact premier DUI and DWI defense attorney Charles Jerome Ware at (410) 720-6129. He can help you.
A key Maryland case establishing both DUI and DWI defenses of (1) the "Stationary Shelter" Doctrine as well as (2) the " sleep it off " defense is : Boyce Cornelius ATKINSON vs. STATE of Maryland, 331 Md. 199 (1993), 627 A.2d 1019.
The issue in the case was whether the appellant/defendant who was sitting intoxicated and asleep in the driver's seat of his car, lawfully parked on the shoulder of the road, with the keys in the ignition but the engine turned off, was properly found to be in "actual physical control" of his vehicle and thereby convicted of driving while under the influence (DUI).
. The answer is "no". Because the Court properly believe the appellant/defendant was not in "actual physical control" of his car, as contemplated by Maryland Code (1977, 1992 Repl. Vol), Transportation Article, Section 21-902, his conviction was reversed.
Thursday, October 8, 2015
Attorney Charles Ware's Blog: FLAWED DUI BREATH ALCOHOL ANALYSIS & "HENRY'S LAW ...
Attorney Charles Ware's Blog: FLAWED DUI BREATH ALCOHOL ANALYSIS & "HENRY'S LAW ...: www.charlesjeromeware.com " Here to make a Difference." Premier defense attorney Charles Jerome Ware is Maryl...
FLAWED DUI BREATH ALCOHOL ANALYSIS & "HENRY'S LAW ": AIDUIA "BEST 10" MARYLAND DUI ATTORNEY CHARLES WARE
www.charlesjeromeware.com " Here to make a Difference."
Premier defense attorney Charles Jerome Ware is Maryland-based, and ranked by his many satisfied clients, his legal peers, as well as the AIDUIA as one of the "BEST 10" DUI and DWI defense attorneys in the State of Maryland. For an initial courtesy consultation, contact him at (410) 720-6129.
The basic principle on which DUI and DWI breath testing is based is Henry's Law, which states that if a gas and liquid are in a closed container, at a constant temperature, and in a state of equilibrium, the concentration of the gas in the air above the liquid is proportional to the concentration of the gas which is dissolved in the liquid.
Breath alcohol analyzers used by law enforcement agencies to evaluate suspected DUI and DWI drivers are routinely calibrated with standard, diluted aqueous solutions of ethanol known as simulor solutions. The analyzers are deemed accurate if they generate results within an established margin of error consistent with ethanol concentrations equivalent to the actual concentrations of the simulator solution.
The fundamental flaw of this drunk driving protocol is that it ignores the fact that a simulor solution is an ideal Henry's Law system, whereas a human test subject is not. Since breath-alcohol analysis is an application of Henry's Law, the level of accuracy ascribed to simulator-based calibrations cannot be applied to analyses involving humans because they are affected by physiological variables that can significantly impact the results of such analyses.
Premier defense attorney Charles Jerome Ware is Maryland-based, and ranked by his many satisfied clients, his legal peers, as well as the AIDUIA as one of the "BEST 10" DUI and DWI defense attorneys in the State of Maryland. For an initial courtesy consultation, contact him at (410) 720-6129.
The basic principle on which DUI and DWI breath testing is based is Henry's Law, which states that if a gas and liquid are in a closed container, at a constant temperature, and in a state of equilibrium, the concentration of the gas in the air above the liquid is proportional to the concentration of the gas which is dissolved in the liquid.
Breath alcohol analyzers used by law enforcement agencies to evaluate suspected DUI and DWI drivers are routinely calibrated with standard, diluted aqueous solutions of ethanol known as simulor solutions. The analyzers are deemed accurate if they generate results within an established margin of error consistent with ethanol concentrations equivalent to the actual concentrations of the simulator solution.
The fundamental flaw of this drunk driving protocol is that it ignores the fact that a simulor solution is an ideal Henry's Law system, whereas a human test subject is not. Since breath-alcohol analysis is an application of Henry's Law, the level of accuracy ascribed to simulator-based calibrations cannot be applied to analyses involving humans because they are affected by physiological variables that can significantly impact the results of such analyses.
Tuesday, October 6, 2015
Attorney Charles Ware's Blog: "The Superlawyers",J. C. Goulden --- Maryland's C...
Attorney Charles Ware's Blog: "The Superlawyers",J. C. Goulden --- Maryland's C...: www.charlesjeromeware.com "Here to make a Difference." Weybright & Talley, No. 72-75461; AmazonBooks/iUniverse/New ...
"The Superlawyers",J. C. Goulden --- Maryland's Charles Jerome Ware, "Understanding the Law"
www.charlesjeromeware.com "Here to make a Difference."
Weybright & Talley, No. 72-75461; AmazonBooks/iUniverse/New York.
Weybright & Talley, No. 72-75461; AmazonBooks/iUniverse/New York.
Attorney Charles Ware's Blog: AVOIDING AND WINNING LEAD PAINT CASES : TOP BALTIM...
Attorney Charles Ware's Blog: AVOIDING AND WINNING LEAD PAINT CASES : TOP BALTIM...: www.charlesjeromeware.com " Here to make a Difference." The nationally-respected defense law firm of Charles Jer...
AVOIDING AND WINNING LEAD PAINT CASES : TOP BALTIMORE LEAD DEFENSE ATTORNEYS
www.charlesjeromeware.com " Here to make a Difference."
The nationally-respected defense law firm of Charles Jerome Ware, LLC is Maryland-based and ranked by its many landlord clients as well as its legal peers as one of the top lead paint and lead poisoning defense firms in the United States. For an initial courtesy consultation, contact the firm at (410) 720-6129. We can help you.
When it comes to lead paint poisoning claims and lawsuits, Baltimore is considered by many to be "ground zero". In fact, lead paint poisoning is considered by many in authority to be a public health crisis in Baltimore. Indeed, numerous judges, public officials and commentators have suggested that in certain circumstances lead poisoning cases are "indefensible".. We respectfully disagree.
It is undeniable that the vast majority of individual lead poisoning claims and cases in Baltimore and throughout the United States are made against residential rental landlords by former tenants in their pre-1978 built apartments and houses who allege physical damages from lead paint poisoning when they were under the age of 6 years.
For man years, premier defense attorney Charles Ware has counseled his many landlord clients that there are at least three (3) keys to follow in avoiding and winning lead paint cases : (1) good MAINTENANCE of the rental property; (2) adequate NOTICE to tenants in the rental property; and (3) scrupulous DOCUMENTATION/RECORD-KEEPING on both the rental property as well as the tenants. There is no substitute for responsible ownership of these pre-1978 built residential rental units.
ADDITIONAL RECOMMENDATIONS FOR RESIDENTIAL LANDLORDS
OF PRE-1978 BUILT PROPERTIES :
(1) Prior to renting residential housing to a new tenant, require the prospective tenant to disclose the names and ages of all persons who will live in the rental unit.
(2) Inspect the rental unit with the prospective tenant and require the tenant to sign an inspection sheet confirming that each room of the unit is free of peeling, chipping, flaking, dust, or other defective paint conditions.
(3) Conduct periodic inspections of each rental unit and follow the same procedure with respect to the maintenance of inspections sheets signed by tenants.
(4) Treat all complaints of peeling or flaking paint conditions as emergencies requiring immediate attention.
(5) Retain licensed, lead-certified, accredited and insured contractors with experience in the field to perform any required abatement.
(6) Maintain copious records of all maintenance, repair, and paint work performed within each residential unit.
(7) If denied access to a residential unit to perform an inspection or maintenance work, document the denial within the tenant's folder and follow-up with a letter to the tenant confirming the failure to gain access to the apartment.
The nationally-respected defense law firm of Charles Jerome Ware, LLC is Maryland-based and ranked by its many landlord clients as well as its legal peers as one of the top lead paint and lead poisoning defense firms in the United States. For an initial courtesy consultation, contact the firm at (410) 720-6129. We can help you.
When it comes to lead paint poisoning claims and lawsuits, Baltimore is considered by many to be "ground zero". In fact, lead paint poisoning is considered by many in authority to be a public health crisis in Baltimore. Indeed, numerous judges, public officials and commentators have suggested that in certain circumstances lead poisoning cases are "indefensible".. We respectfully disagree.
It is undeniable that the vast majority of individual lead poisoning claims and cases in Baltimore and throughout the United States are made against residential rental landlords by former tenants in their pre-1978 built apartments and houses who allege physical damages from lead paint poisoning when they were under the age of 6 years.
For man years, premier defense attorney Charles Ware has counseled his many landlord clients that there are at least three (3) keys to follow in avoiding and winning lead paint cases : (1) good MAINTENANCE of the rental property; (2) adequate NOTICE to tenants in the rental property; and (3) scrupulous DOCUMENTATION/RECORD-KEEPING on both the rental property as well as the tenants. There is no substitute for responsible ownership of these pre-1978 built residential rental units.
ADDITIONAL RECOMMENDATIONS FOR RESIDENTIAL LANDLORDS
OF PRE-1978 BUILT PROPERTIES :
(1) Prior to renting residential housing to a new tenant, require the prospective tenant to disclose the names and ages of all persons who will live in the rental unit.
(2) Inspect the rental unit with the prospective tenant and require the tenant to sign an inspection sheet confirming that each room of the unit is free of peeling, chipping, flaking, dust, or other defective paint conditions.
(3) Conduct periodic inspections of each rental unit and follow the same procedure with respect to the maintenance of inspections sheets signed by tenants.
(4) Treat all complaints of peeling or flaking paint conditions as emergencies requiring immediate attention.
(5) Retain licensed, lead-certified, accredited and insured contractors with experience in the field to perform any required abatement.
(6) Maintain copious records of all maintenance, repair, and paint work performed within each residential unit.
(7) If denied access to a residential unit to perform an inspection or maintenance work, document the denial within the tenant's folder and follow-up with a letter to the tenant confirming the failure to gain access to the apartment.
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