# Courts and Judicial Proceedings (GCJ)

## Title 5. Limitations, Prohibited Actions, and Immunities

### Subtitle 6. Immunities and Prohibited Actions -- Health and Public Safety

#### Section 5-617

(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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Md. Code Ann., Cts. & Jud. Proc. (as displayed at mgaleg.maryland.gov, October 16, 2026)