Maryland court declares old law unconstitutional in lead paint case

October 28, 2011

Annapolis, Maryland: According to a 1994 state law, landlords in Maryland are immune from litigation for child brain injuries resulting from lead paint exposure, as long as they took certain measures to decrease the risk of exposure. The Maryland Supreme Court, however, determined in a unanimous decision that this law is unconstitutional. The ruling, made on October 24, struck down part of the Reduction of Lead Risk in Housing Act. The justices explained that the provision to protect landlords violated the state's constitutional guarantee of judicial remedy in personal injury cases.

Retired Justice John Eldridge wrote in the court opinion, "“For a child who is found to be permanently brain damaged from ingesting lead paint, proximately caused by the landlord's negligence, the maximum amount of compensation under a qualified offer is minuscule...Thus, the remedy which the act substitutes for a traditional personal injury action results in either no compensation or drastically inadequate compensation."

The decision came out of a lawsuit Tameka Jackson filed in 2002 on behalf of her daughter, who developed brain damage from exposure to lead paint. The lawsuit was filed against apartment owners Dackman Co., Jacob Dackman & Sons L.L.C. and Elliot Dackman for negligence and deceptive practices.