Md. Code, Courts and Judicial Proceedings § 5-617
This is the official text of Md. Code, Courts and Judicial Proceedings § 5-617, part of Maryland’s Code, Courts and Judicial Proceedings — governs court structure and civil procedure.
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§5–617.
Official statutory text
(a) In this section, “discharge” includes leakage, seepage, or other release of a hazardous substance or material.
(b) Except as provided in subsections (c) and (d) of this section, a person who is called on for assistance in an emergency is not subject to any civil liability or penalty as a result of assistance or advice rendered in:
(1) Mitigating the effects of an actual or threatened discharge of a hazardous substance or material;
(2) Preventing a discharge of a hazardous substance or material;
(3) Cleaning up a discharge of a hazardous substance or material; or
(4) Attempting any of the acts in this subsection.
(c) The immunity provided in subsection (b) of this section does not apply to a person:
(1) Whose act or omission was the original cause of an actual or threatened discharge in whole or in part, and who would otherwise be liable for the act or omission; or
(2) Who received compensation other than reimbursement for out-of-pocket expenses for rendering the assistance or advice.
(d) Notwithstanding subsection (b) of this section, a person is liable for damages caused by that person’s gross negligence or reckless, wanton, or intentional misconduct.
(b) Except as provided in subsections (c) and (d) of this section, a person who is called on for assistance in an emergency is not subject to any civil liability or penalty as a result of assistance or advice rendered in:
(1) Mitigating the effects of an actual or threatened discharge of a hazardous substance or material;
(2) Preventing a discharge of a hazardous substance or material;
(3) Cleaning up a discharge of a hazardous substance or material; or
(4) Attempting any of the acts in this subsection.
(c) The immunity provided in subsection (b) of this section does not apply to a person:
(1) Whose act or omission was the original cause of an actual or threatened discharge in whole or in part, and who would otherwise be liable for the act or omission; or
(2) Who received compensation other than reimbursement for out-of-pocket expenses for rendering the assistance or advice.
(d) Notwithstanding subsection (b) of this section, a person is liable for damages caused by that person’s gross negligence or reckless, wanton, or intentional misconduct.
Status: in_force · Read it on the official government site
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