(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.
Structure Maryland Statutes
Courts and Judicial Proceedings
Title 5 - Limitations, Prohibited Actions, and Immunities
Subtitle 6 - Immunities and Prohibited Actions -- Health and Public Safety
Section 5-602 - Emergency Defense and Civil Defense Shelters
Section 5-603 - Emergency Medical Care
Section 5-604 - Fire and Rescue Companies
Section 5-605 - Law Enforcement Officer Acting Outside Jurisdiction
Section 5-607 - Volunteer Sports Program Physicians
Section 5-608 - Support for Emergency Medical System
Section 5-609 - Mental Health Care Providers or Administrators
Section 5-610 - Law Enforcement Officer Assisting Victim of Spousal Assault
Section 5-611 - Federal Law Enforcement Officer Making Arrest Without Warrant
Section 5-612 - Officers, Employees of Political Subdivisions When Acting Outside Territorial Limits
Section 5-613 - Liability of Political Subdivision for Acts of Special Police
Section 5-614 - Emergency Veterinary Assistance
Section 5-617 - Persons Assisting in Controlling Discharge of Hazardous Substance
Section 5-618 - Adult Protective Services
Section 5-620 - Persons Reporting Child Abuse or Neglect
Section 5-622 - Persons Reporting Adult Abuse or Neglect
Section 5-623 - Admissions to Mental Health Facilities
Section 5-624 - Emergency Evaluation for Mental Disorder
Section 5-625 - Persons Reporting Abuse of the Developmentally Disabled
Section 5-626 - Persons Reporting Abuse of Individuals in Mental Health Facilities
Section 5-627 - Member of a Clinical Review Panel
Section 5-628 - Review of Health Care Under Maryland Medical Assistance Program
Section 5-629 - Person Administering Drug or Vaccine
Section 5-630 - Processors, Distributors, etc., of Human Blood, Tissue, Organs, or Bones
Section 5-631 - Persons Reporting Abuse of Residents of Related Institutions
Section 5-632 - Tort Liability of Hospitals or Related Institutions
Section 5-633 - Food Which Poses Immediate Threat
Section 5-635 - Customer Use of Employee Toilet Facility in Retail Establishment
Section 5-636 - Licensed Chiropractors Reviewing Fees of Other Chiropractors
Section 5-637 - Medical Review Committees and Persons Cooperating Therewith
Section 5-638 - Persons Giving Information About Physicians to Hospitals, Hospital Staff, Etc
Section 5-639 - Negligent Operation of Emergency Vehicle
Section 5-640 - Child Passenger Safety Technicians
Section 5-642 - Immunity for Transfer of Unclaimed Cremains of Veterans for Disposition