§ 5-617
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/md/courts-and-judicial-proceedings/5-617·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§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.