In Maryland, careless landlords may be liable for the damage caused by their negligence, including some lead-based paint injuries. In an April 2, 2018 case, the plaintiff filed a Maryland personal injury lawsuit against his landlords for increased blood lead levels and developmental disabilities suffered as results of exposure to lead-based paint while living in the defendants’ apartment building. After a six-day trial, the jury returned a verdict in favor of the plaintiff and awarded damages in the amount of approximately 1.6 million dollars.
The defendants then filed a motion for the court to enter a judgment in their favor or, in the alternative, for a new trial, and they also moved to reduce the non-economic damages. The trial court reduced the non-economic damages to $1,173,000 but denied the defendants’ other motions. The defendants appealed to the Court of Special Appeals of Maryland.
The plaintiff in the case had lived in the defendants’ property from the time he was born in 1997. His blood was tested eight times for lead between 1998 and 2012, and tests revealed elevated blood levels four times while he was residing at the property. After the lawsuit was filed, the property was tested for lead-based paint. An expert report revealed lead paint in the door and window casing of the property. On appeal, one of the defendants’ arguments was that the evidence was not sufficient to support the verdict.