Tuesday, October 6, 2015

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.

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