Ch. 114                                        1994 LAWS OF MARYLAND

6-834.

(A) A PARENT OR LEGAL GUARDIAN MAY ACCEPT OR REJECT A QUALIFIED
OFFER MADE UNDER THIS PART.

(B) SUBJECT TO THE PROVISIONS OF § 6-833 OF THIS SUBTITLE, A PARENT OR
LEGAL GUARDIAN MAY ACCEPT A QUALIFIED OFFER WITHIN 30 DAYS FOLLOWING
RECEIPT OF THE QUALIFIED OFFER UNLESS THE PARTIES AGREE OTHERWISE.

(C) SUBJECT TO THE PROVISIONS OF § 6-833 OF THIS SUBTITLE AND UNLESS
THE PARTIES AGREE OTHERWISE, AN OFFER WHICH IS NOT ACCEPTED WITHIN 30
DAYS FOLLOWING RECEIPT THEREOF SHALL BE DEEMED TO HAVE BEEN REJECTED:

6-835.

ACCEPTANCE OF A QUALIFIED OFFER BY A PARENT, LEGAL GUARDIAN, OR
OTHER PERSON AUTHORIZED UNDER § 6 833 OF THIS SUBTITLE TO RESPOND ON
BEHALF OF A CHILD DISCHARGES ALL POTENTIAL LIABILITY OF THE OFFEROR AND
ANY PARTICIPATING CO OFFEROR TO THE CHILD AND THE CHILD'S PARENT OR
LEGAL GUARDIAN FOR ALLEGED INJURY OR LOSS CAUSED BY THE CHILD'S
INGESTION OF LEAD IN THE AFFECTED PROPERTY.

6-836.

IF A PARENT, LEGAL GUARDIAN, OR OTHER PERSON AUTHORIZED UNDER §
6-833 OF THIS SUBTITLE TO RESPOND ON BEHALF OF A CHILD REJECTS A QUALIFIED
OFFER MADE BY AN OWNER OF AN AFFECTED PROPERTY AND THE OWNER WAS IN
COMPLIANCE WITH THE PROVISIONS OF THIS SUBTITLE WITH REGARD TO THE
AFFECTED PROPERTY IN WHICH THE EXPOSURE ALLEGEDLY OCCURRED, DURING
THE PERIOD OF THE CHILD'S ALLEGED INGESTION OF LEAD ON THE PREMISES, THE
OWNER IS NOT LIABLE FOR ALLEGED INJURY OR LOSS CAUSED BY THE CHILD'S
INGESTION OF LEAD IN THE AFFECTED PROPERTY.

6-837.

A QUALIFIED OFFER SHALL BE TREATED AS AN OFFER OF COMPROMISE FOR
PURPOSES OF ADMISSIBILITY IN EVIDENCE.

6-838.

(A)     AN OWNER OF AN AFFECTED PROPERTY WHICH IS NOT IN COMPLIANCE
WITH THE PROVISIONS OF THIS SUBTITLE SHALL BE PRESUMED TO HAVE FAILED TO
EXERCISE REASONABLE CARE WITH RESPECT TO LEAD HAZARDS IN AN ACTION
SEEKING DAMAGES FOR ALLEGED INJURY OR LOSS . CAUSED BY THE CHILD'S
INGESTION OF LEAD IN THE AFFECTED PROPERTY.

(B)     THE OWNER HAS THE BURDEN OF REBUTTING THE PRESUMPTION
ESTABLISHED UNDER SUBSECTION (A) OF THIS SECTION BY A PREPONDERANCE OF
THE EVIDENCE.

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