§ 5–617
Statutes in effect as of October 1, 2026.
Md. Code Ann., Cts. & Jud. Proc. § 5-617 (2026)
Title 5. Limitations, Prohibited Actions, and Immunities
Subtitle 6. Immunities and Prohibited Actions -- Health and Public Safety
§ 5–617LinkCopy Citation
(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.