Lead-based paint injuries are common in Maryland, and they often result in litigation against negligent landlords and property owners. In an April 5, 2017 decision, the Court of Special Appeals of Maryland reviewed a lower court’s order granting summary judgment on the plaintiff’s personal injury claim against several property owners. The plaintiff in the case brought suit against the defendants for damages allegedly caused by exposure to lead-based paint while visiting or residing at properties they owned from 1992 to 2007. The defendants moved for summary judgment, arguing that the plaintiff failed to adduce sufficient evidence that their property substantially contributed to his elevated blood levels. After the circuit court granted their motion, the plaintiff appealed.
At the time of the plaintiff’s birth through the first seven months of his life, the plaintiff and his family lived in property with chipped paint around the walls and windows, and they regularly visited another property in the same condition. Testing subsequently conducted during the lawsuit revealed that the two properties contained lead-based paint. When the plaintiff was almost three years old, he attended daycare at a property owned by the defendants, which contained chipping and peeling paint. Subsequent testing also indicated the presence of lead-based paint. The plaintiff visited the defendants’ property regularly for approximately two years. At some point, while he was still attending the daycare, he moved to another property, which contained chipping and peeling paint, but he was never tested for lead.
In Maryland, when a plaintiff alleges negligence based on a violation of a lead-based paint law, he must prove that there was a violation of the law and that the violation caused his injuries. Causation requires that the plaintiff present either direct or circumstantial evidence showing that (1) the defendant’s property was a source of the plaintiff’s lead exposure, (2) the exposure contributed to the plaintiff’s elevated blood lead levels, and (3) the plaintiff’s elevated blood lead levels substantially contributed to the injuries allegedly suffered by the plaintiff. In the case at hand, the plaintiff relied on circumstantial evidence to establish his claim. Accordingly, he had the burden to produce circumstantial evidence that, if believed, would rule out other reasonably probable sources of lead.