2010 Maryland Code
ENVIRONMENT
TITLE 6 - TOXIC, CARCINOGENIC, AND FLAMMABLE SUBSTANCES
Subtitle 8 - Reduction of Lead Risk in Housing
Section 6-838 - Noncompliance presumes negligence.
§ 6-838. Noncompliance presumes negligence.
(a) Presumption.- An owner of an affected property that is not in compliance with the provisions of Part IV of this subtitle during the period of residency of the person at risk is presumed to have failed to exercise reasonable care with respect to lead hazards during that period in an action seeking damages for alleged injury or loss caused by the ingestion of lead by a person at risk in the affected property.
(b) Rebuttal of presumption.- The owner has the burden of rebutting the presumption established under subsection (a) of this section by a preponderance of the evidence.
[1994, ch. 114, § 1.]
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