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MD Court of Appeals Ruling on Lead Paint Liability
11/21/2011
The Maryland Court of Appeals Declares the Provisions of the Reduction of Lead Risk in Housing Act Immunizing Landlords from Lead-Paint Liability Unconstitutional
On October 24, 2011, in the case of Jackson v. Dackman Co. et al. (Md. App., 2011), the Court of Appeals of Maryland held that the immunity provisions of the Reduction of Lead Risk in Housing Act (“the Act"), which provide compliant landlords with qualified immunity from tort liability under specified circumstances, violate Article 19 of the Maryland Declaration of Rights (“Article 19”).
Article 19 generally protects two related rights: (1) a right to a remedy for an injury to one’s person or property and (2) a right of access to the courts. The Court interpreted Article 19 to prohibit unreasonable restrictions on traditional remedies or access to the courts.
The Court concluded that the substituted remedy under the Act for a child permanently brain damaged due to the child’s ingestion of lead-based paint in the rental property was totally inadequate and unreasonable to ameliorate the harm done. The Court also held that the unconstitutional provisions of the Act could be severed from the remainder of the Act leaving all other provisions unchanged.
More information and details of the impact of this ruling on landlords and property managers is available here.
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