The Workgroup was charged with examining whether landlords complying with the Maryland Lead Poisoning Prevention Program could be provided additional liability protection. Last October, the Maryland Court of Appeals threw out a provision of Maryland law that provided a cap on liability for landlords who complied with the law.
During discussions this summer, the Workgroup examined the feasibility of creating an insurance fund that would provide landlords with some liability protection given that private insurance is not readily available or affordable at this time. Unfortunately, the cost of creating an insurance fund was extremely high ($2-5 thousand per unit) making the creation of the fund unrealistic.
The Workgroup also discussed other issues such as: limits on court awards and strict liability for paint manufacturers. There was little consensus on these ideas as well. The Maryland Legislature will consider a number of bills relating to lead paint in the coming legislative session.