Does anyone know of a Good Lead Paint Litigation Lawyers in Maryland

Question

I'm currently looking for a good litigation lawyer for fighting lead paint cases

Steve Morris · Answer

Yes Kate, the attorney is from the law offices of Pessin Katz Law in Towson, and his name is Mr. James Benjamin Jr, Esquire. Pklaw.com is the website. The retainer fee is substantial but well worth it. He's very ethical and I highly recommend him. Believe me, this is a lawyer that goes against tradition in the sense of trying to put a strangle hold on your pockets.

Now, the first thing you need to know is that LEAD SAFE doesn't mean a thing and all of those lead safe certs that we have registered down at MDE does nothing to stop a lead based paint claim! In order to combat these claims you need for your properties to be LEAD FREE. In Maryland, I highly recommend Susan Kleinhammer and the firm of LEADTEC for this service, they use the xray gun to measure lead levels in the property.

The courts recognize the xray gun findings, just make sure the gun has been serviced and calibrated by a service professional. So, if you had the inspection done with wipes and a visual consider it money gone.

Two things to consider. If you purchased your property and it was insured for lead, you can breathe a little easier because the insurance will foot the bill, they have funds set aside for this and the lawyers hash it out with them. But, if you are like me , an accidental landlord who's insurance does not include lead paint in its rider, it gets stressful because, now they want to come after your assets and possessions.

I'm sorry if I seem like I'm all over the place, it's just so much to say and I'm not good at typing.

Now, if you receive a claim brought against you, first thing to do is get lead free certified. Do not let the plaintiffs lawyer send there lead detection firm in your property unless there is an order in place through the courts, this normally takes some time. So , if you get a court summons with you and 6 other parties listed, retain a lawyer asap. Have an lead free inspection done, shouldn't cost more than 300-350. This will inform you of what areas of your home would need to be addressed. Address those areas. See the lawyer for the plaintiff has to prove there is lead present in the home and show through documents and expert testimony that the child or children may have received high lead paint levels from your property while living there. They do not care about Lead safe certs, they will say things like you rehabbed or gutted the property and things of that sort.

Listen, I have alot to say but I do not type and my job has wore me down for today.

If anyone wants to know more, just send a connect request and I'll give you my contact number cause its easier to do it like that for me. This is only pertaining to Baltimore City

Steve

Ned Carey · Answer

@Steve Morris  that you for your post above.  This is important stuff that many just don't know much about.

I will add a few points.

Lead paint was outlawed for housing in 1978. So after 1978 you have essentially no risk. The dangers of lead paint were known early in the last century so just because something is pre-1978 that does not mean it will have lead. The newer it is the less risk of any lead and if there is lead it is likely to be in fewer areas.

Houses in Baltimore generally have little lead after about 1945.  We have had houses that had lead in just one or two areas like a windowsill here and a door frame there. So just replacing  few items and you can have lead free.

The EPA (or is it HUD?) has new renovation guidelines. All paint in a pre 1978 home is assumed to have lead in it unless it has been tested as lead free. If you disturb more than 6 sq ft ( I believe that is the correct number)  then Your contractor must be lead certified and take extra steps to minimize lead hazards from renovations. The fines can be tremendous.

The issue is not intact paint on the walls. It is the very fine dust from friction on the paint. The dust falls to the floor and little kids crawl around, get dust on their hands and then put their hands in their mouth. In MD a child has until their 21st birthday to sue you if they get lead poisoning from you property.

Lead paint was used because it was more durable. So it tended to be used on windows doors and trim. All the high wear areas, but also the areas that create friction and dust.

You must provide a lead disclosure form every time you sell or rent a property. This is a federal requirement but provides no protection against lead paint lawsuits.

In MD you must register with the MDE and get a lead certificate but the "Lead Safe" certificate as Steve says provides you with basically not protection from lawsuits.  You can get a lead free certificate which will be a substantial defense. The lead attorneys in MD are vicious and ruthless.

All that being said, if you take the time to learn about the issue and handle it responsibly, I personally don't feel it is much of a risk.

Account Closed · Answer

@Steve Morris

Lead paint and its subsequent regulation by the EPA is no joke. We've been through the EPA training for renovation, repair and painting so we can be listed as a certified renovation firm. You can't touch anything pre 1978 if your not certified or you risk being fined. Hell the EPA will come in and audit your books back to april 2011 when the regulations kicked in. I remember on day 2 of training; our instructor included a nice little list of BIG fines levied against uncertified contractors just for fun! Then talked about how they're hiring more than 200K new compliance officer before 2016! Talk about scary. Contractors are getting hammered by the EPA and the attorney's are love when a case can bring them 3x actual damages.

Man I wish you good luck. It sounds like someone found a lawyer whose more than happy to try and drain your bank account.

FYI, I was told that landlords who no longer own property can be held liable as well. Gotta love those EPA regulations!

Steve Morris · Answer

Yes Justin, the property was rented to someone between 1999 and 2004.  At that time the property was what was considered lead safe. This is  achieved by having an inspector do visual and dust swipes every two  years or every turn over. A copy of the cert along with disclosures were  given to the renter who was in a subsidized housing program. Now, it  has recently come to light that those lead safe certs don't hold any  merit in the courts here in Baltimore, Md.

A lead free cert is  the only paper that the courts are willing to recognize. There's a  difference between lead safe and lead free. At one time, talk of lead  free certs was like speaking of evil when you asked inspectors about it,  they would say it cost so much money that you would just have the lead  safe swipes done. So, I was spending around three hundred dollars every  two years or during every turn over. Meaning that this gave those  inspectors repeat business and me no protection from high lead paint  level claims.

It's all about the money, that's why inspectors  have to re certify their credentials every two years, so they can  continue to charge unsuspecting landlords and stay working. And as part  of my trade, I have lead paint supervisor for maintenance and repair. I  do Industrial and Bridge painting for a living and can recognize that I  have been asking the right questions just not to the right people.

Justin,  just remember Lead safe certs and disclosures mean nothing in courts,  Lead free, now that's a different ball game. Lead free certs are  received when your property passes a stringent xray test throughout and  as long as there is less than .07mg per deciliter you'll be fine. .08  and up is action level status and it must go!

Justin Pierce · Answer

Steve,

I might be confused here.  So you rented a home out to someone and now they're suing because they're claiming the home has lead based paint in it?

Did you provide lead based paint disclosures?

Steve Morris · Answer

no, it just means cya from any potential lawsuits

Dan D. · Answer

Newbie here.

Does this mean you can't rent a place prior to 1978?

Or is the concern regarding doing construction on a building that has lead paint (Pre 1978)?

I was looking to place an offer on an old house, but I don't want to make a big mistake.

Saul Escobar · Answer

You need to do a lead paint test any time there's damage that disturbs the paint of a home or building was constructed pre 1978.  This is something that should be included in the estimate when you are submitting a claim (and it's no joke, I've heard of contractors being fined over $30,000 for not doing the lead paint test).

Chris K. · Answer

Oh man...i'm definitely following this. I'm trying to have all my properties certified lead free to avoid this type of stuff. Scary

Does anyone know of a Good Lead Paint Litigation Lawyers in Maryland

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