Benik v. Hatcher

BELL, Chief Judge.

In this case, we are asked to decide whether, under the Consumer Protection Act (“CPA”), Maryland Code (1975,1990 Repl.Vol.) Title 13 of the Commercial Law Article, specifically § 13-301(1), (2) and (3),1 proof of scienter is a prerequisite to *511holding a landlord liable for breach of warranty for injuries resulting from a child’s ingestion of lead-based paint, when the child’s dwelling, at the inception of the lease, contained chipping and flaking paint, in violation of the local housing code.2 The Court of Special Appeals held that scienter is not required and, so, reversed…