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Maryland Code, Courts and Judicial Proceedings § 5-617

Current as of January 01, 2025 | Updated by Findlaw Staff

(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.

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Cite this article: FindLaw.com - Maryland Code, Courts and Judicial Proceedings § 5-617 - last updated January 01, 2025 | https://codes.findlaw.com/md/courts-and-judicial-proceedings/md-code-cts-and-jud-pro-sect-5-617/

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