Originally posted by @Kate Horrell:
Steve, did you ever find anyone, and can you share your experience with the rest of us? Thanks!
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