Maryland Code, COURTS AND JUDICIAL PROCEEDINGS 5-617
Terms Used In Maryland Code, COURTS AND JUDICIAL PROCEEDINGS 5-617
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
(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.