Thursday, July 30, 2015

Attorney Charles Ware's Blog: (BALL) BALTIMORE AREA LEAD LIABILITY : LEAD PAINT...

Attorney Charles Ware's Blog: (BALL) BALTIMORE AREA LEAD LIABILITY : LEAD PAINT...: www.charlesjeromeware.com                " Here to make a Difference." Charles Jerome Ware, LLC is a premier, Maryland-based, na...

(BALL) BALTIMORE AREA LEAD LIABILITY : LEAD PAINT POISONING DEFENSE (LPPD)

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


Charles Jerome Ware, LLC is a premier, Maryland-based, nationally  recognized and respected lead paint poisoning defense law firm. For an initial courtesy consultation, contact premier defense attorney Charles Ware at (410) 720-6129.  We can help you when you are being sued in a lead paint poisoning case.


Lead (Pb) has been mined and used by mankind for over 6,000 years. The history of lead poisoning ("plumbism") is over 2,500 years old. Lead has been used so widely throughout human civilization that it occurs and can be found almost everywhere. Lead is not able to dissolve in water or biodegrade, dissipate, decay, or burn. It is estimated that more than 10 million metric tons of lead residue is in the environment. Lead (Pb) lasts, and lasts, and lasts. And, in sufficient quantities, it is harmful to the human body; particularly in infants and children up to age 6, when ingested or inhaled.


Though frequently associated with lead paint in pre-1978 built residential units in Baltimore, lead actually can be found in multiple sources , including: the air we breathe, dust, soil, drinking water, pipes and other plumbing items, industrial and other job sites, cosmetics, jewelry, toys, furniture, pottery, home remedies, ceramics, cooking utensils, plants, trees, flowers, etc.


Legacy (old) lead has been in the Baltimore area since Colonial times. Baltimore's industries over the years have added to the accumulation with leaded products such as batteries. etc. In 1951, Baltimore banned the use of lead pigment in residential unit interior lead paint pigment. This was the first such restriction on lead-based paint in the United States.  


To be sure, in defense against many lead paint lawsuits in Baltimore, unfortunate "environmental" factors can play a role.


When it comes to pre-1978 constructed apartments and houses in Baltimore, abatement of lead paint hazards is critical. Landlords should be aware that under Maryland law lead paint abatement is " a set of measures designed to eliminate or reduce lead-based paint hazards." Maryland law mandates that anyone who provides lead abatement services on rental properties be certified or accredited by the Maryland Department of the Environment (MDE).  An accredited contractor must follow procedures covered in Maryland State regulations.   anyone who removes lead paint, or who conducts any other maintenance or home improvement activity which creates a lead hazard by disturbing lead paint must follow the safe practices which are included in those Maryland regulations.


(1) Lead paint maintenance, (2) tenant notice, and (3) landlord record-keeping are key to avoiding lead paint lawsuits in Baltimore.                             



Thursday, July 16, 2015

LEAD NOT DEAD, BUT "OLD" IN BALTIMORE : LEAD(Pb) CASE DEFENSE LAW FIRM

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

Charles Jerome Ware, LLC is a premier, Maryland-based, nationally recognized and respected landlord lead paint poisoning defense law firm. When you are sued for lead paint poisoning, contact us at (410) 720-6129.  We can help you.

Excerpted from the new book by premier lead paint poisoning defense attorney and best-selling author Charles Jerome Ware, titled:  Defending Lead Paint Poisoning Cases : "Blurred Plumbism".

Lead (Pb) in Baltimore is not dead, but it is very old. For the most part, lead found in Baltimore is what I call "legacy lead"--- it is old and it probably will not go away in the environment. It has come, and comes, from a number of  sources other just lead paint in pre 1978-built residential housing in some neighborhoods. Other major sources of lead in Baltimore include : dust, drinking water, utility water, soil, playgrounds, trees, plants and flowers, businesses, jobs, hobbies, non-residential buildings,  folk remedies, foreign-made toys and other products such as furniture, cosmetics ,jewelry and pottery, etc.

Since lead (Pb) is not able to dissolve in water, or biodegrade, dissipate, decay, or burn, this makes lead an extremely harmful hazard. An estimated ten(10) million metric tons of lead residue is in the earth's environment. Lead (Pb) lasts, and lasts, and lasts.

Significant production of lead began around 3000 BC. Large lead mines in Spain and Greece are known to have contributed significantly to the worldwide distribution of lead. The Roman Empire is credited with being the first society to widely use lead in their wine, cooking and drinking utensils, plumbing and bath spas, food, etc. This view is supported by the fact that thw word "plumbing" is derived from the Latin word "plumbum", for lead, which also gave rise to the chemical symbol for lead : Pb.

The legacy or history of lead(Pb) in the Baltimore area goes back to Colonial America times.  Use of white lead began here in Colonial times and ultimately peaked in 1922.  In 1951, Baltimore banned the use of lead pigment in interior paint; the first such restriction in the United States. It was finally in 1978 that the Federal government banned the consumer and residential uses of lead paint.
<more>

Tuesday, July 14, 2015

Attorney Charles Ware's Blog: CHIPPING AT BALTIMORE LEAD PAINT CLAIMS : MARYLAND...

Attorney Charles Ware's Blog: CHIPPING AT BALTIMORE LEAD PAINT CLAIMS : MARYLAND...: www.charlesjeromeware.com                 " Here to make a Difference." For an initial courtesy consultation, contact Maryland&#3...

CHIPPING AT BALTIMORE LEAD PAINT CLAIMS : MARYLAND DEFENSE ATTORNEYS

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.

Wednesday, June 24, 2015

Attorney Charles Ware's Blog: MARYLAND DUI DILEMMA FOR FEMALES : THE "GENDER FAC...

Attorney Charles Ware's Blog: MARYLAND DUI DILEMMA FOR FEMALES : THE "GENDER FAC...: FIELD SOBRIETY TESTS, BREATH TESTING, BLOOD AND URINE TESTING www.charlesjeromeware.com                     " Here to make a Differen...

MARYLAND DUI DILEMMA FOR FEMALES : THE "GENDER FACTOR" BIAS

FIELD SOBRIETY TESTS, BREATH TESTING, BLOOD AND URINE TESTING

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

     
 Premise:  When it comes to DUI and DWI enforcement, females are discriminated against.
 Standardized field sobriety tests (SFSTs),  breath tests (Breathalyzers), blood tests and urine tests that are used by law enforcement to arrest and prosecute DUI and DWI suspects all discriminate against females.

Males and females absorb alcohol differently, since their bodies are physiologically different.
Generally, females have less water in their bodies and more adipose tissue, or fat.  According to many experts in DUI cases, these tests tend to routinely score women artificially high in alcohol because they simply do not adequately take into account the differences in physiology between males and females; i.e, the "gender factor". Females metabolize alcohol differently [more slowly] than males.

DUI breath testing devices are biased against females because they are calibrated allegedly to a male's physiological make-up and not a female's physiological make-up. Further, so-called standardized field sobriety tests are not designed for females and, consequently, are more difficult for females to perform. This causes females to appear more intoxicated than men simply because females are not suitable candidates for the current field sobriety testing done by law enforcement agencies in Maryland and across the country.

For an initial courtesy consultation, contact premier defense attorney Charles Ware and his colleagues at (410) 720-6129.  We can help you.