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§ 6-838. Evidence of exercise of reasonable care with respect to lead hazards during period of ...

West's Annotated Code of MarylandEnvironmentEffective: June 1, 2012

West's Annotated Code of Maryland
Environment
Title 6. Toxic, Carcinogenic, and Flammable Substances (Refs & Annos)
Subtitle 8. Reduction of Lead Risk in Housing (Refs & Annos)
Part V. Qualified Offer (Refs & Annos)
Effective: June 1, 2012
MD Code, Environment, § 6-838
§ 6-838. Evidence of exercise of reasonable care with respect to lead hazards during period of residency
Currentness
Compliance with Part IV of subtitle
(a)(1) In an action seeking damages for alleged injury or loss caused by the ingestion of lead by a person at risk in an affected property, evidence that the owner of the affected property was in compliance with the provisions of Part IV of this subtitle during the period of residency of the person at risk is admissible as evidence that the owner exercised reasonable care with respect to lead hazards during that period.
(2) In an action seeking damages for alleged injury or loss caused by the ingestion of lead by a person at risk in an affected property, evidence that the owner of the affected property was not in compliance with the provisions of Part IV of this subtitle during the period of residency of the person at risk is admissible as evidence that the owner failed to exercise reasonable care with respect to lead hazards during that period.
Recovery of costs and fees associated with opposing allegation or denial made without good faith basis
(b) If a party to an action for damages arising from ingestion of lead by a person at risk in an affected property alleges or denies the time and place of residence of, or visitation by, the person at risk without a good faith basis for the allegation or denial, the court shall require the offending party, the party's attorney, or both to pay the reasonable costs, including attorney's fees, incurred by the adverse party in opposing the allegation or denial.

Credits

Added by Acts 2012, c. 387, § 1, eff. June 1, 2012.
MD Code, Environment, § 6-838, MD ENVIR § 6-838
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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