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Home » US Law » 2022 Maryland Statutes » Courts and Judicial Proceedings » Title 5 - Limitations, Prohibited Actions, and Immunities » Subtitle 4 - Immunities and Prohibited Actions -- Businesses, Associations, and Charities

Section 5-401 – Certain Construction Industry and Motor Carrier Indemnity Agreements Prohibited

    (a)    (1)    A covenant, promise, agreement, or understanding in, or in connection with or collateral to, a contract or agreement relating to architectural, engineering, inspecting, or surveying services, or the construction, alteration, repair, or maintenance of a building, structure, appurtenance or appliance, including moving, demolition, and excavating connected with those services or that work, purporting to indemnify […]

Section 5-401.1 – Release or Settlement of Claim by Injured Individual

    (a)    (1)    A release of the claim of an injured individual for damages resulting from a tort, signed by the injured individual within 30 days of the infliction of the injuries without the assistance or guidance of an attorney at law, and any power of attorney to or contract of employment with an attorney at law, with […]

Section 5-402 – Civil Liability of Merchant or Owner or Lessee of Motion Picture Theater for Detention or Arrest of Person for Commission of Certain Crimes

    (a)    A merchant or an agent or employee of the merchant who detains or causes the arrest of any person shall not be held civilly liable for detention, slander, malicious prosecution, false imprisonment, or false arrest of the person detained or arrested, whether the detention or arrest takes place by the merchant or by his agent […]

Section 5-403 – Nuisance Suits Against Agricultural Operations

    (a)    (1)    In this section the following words have the meanings indicated.         (2)    “Agricultural operation” means an operation for the processing of agricultural crops or on–farm production, harvesting, or marketing of any agricultural, horticultural, silvicultural, aquacultural, or apicultural product that has been grown, raised, or cultivated by the farmer.         (3)    (i)    “Commercial fishing or seafood operation” means an operation for […]

Section 5-403.1 – Private Nuisance Actions Against Sport Shooting Ranges

    (a)    In this section, “sport shooting range” means an area designed and used for trapshooting, skeetshooting, or other target shooting.     (b)    This section applies only to private nuisance actions and does not apply to public nuisance actions.     (c)    If there has been no shooting activity at a sport shooting range for a period of 3 consecutive years, the […]

Section 5-404 – Actions Against Farmers Permitting Gleaning

    (a)    (1)    In this section the following words have the meanings indicated.         (2)    “Agent of a charitable organization” means a person who:             (i)    Is or was a director, officer, or employee of a charitable organization; or             (ii)    On a volunteer basis, is or was providing services or performing duties on behalf of a charitable organization.         (3)    “Charitable organization” means an organization, […]

Section 5-405 – Sealed Container Defense in Product Liability

    (a)    (1)    In this section the following words have the meanings indicated.         (2)    (i)    “Manufacturer” means a designer, assembler, fabricator, constructor, compounder, producer, or processor of any product or its component parts.             (ii)    “Manufacturer” includes an entity not otherwise a manufacturer that imports a product or otherwise holds itself out as a manufacturer.         (3)    “Product” means any tangible article, including attachments, […]

Section 5-406 – Personal Liability — Agents of Certain Associations or Organizations

    (a)    (1)    In this section the following words have the meanings indicated.         (2)    (i)    “Agent of an association or organization” means a director, officer, trustee, employee, or volunteer of an association or organization who provides services or performs duties on behalf of the association or organization.             (ii)    “Agent of an association or organization” does not include an independent contractor who […]

Section 5-407 – Personal Liability — Volunteer of Charitable Organization

    (a)    (1)    In this section the following words have the meanings indicated.         (2)    “Association or organization” means:             (i)    A business league;             (ii)    A charitable organization;             (iii)    A civic league;             (iv)    A club;             (v)    A labor, agricultural, or horticultural organization; or             (vi)    A local association of employees.         (3)    “Business league” means a league, chamber of commerce, real estate board, or board of trade that is exempt […]

Section 5-408 – Credit Agreements

    (a)    (1)    In this section the following words have the meanings indicated.         (2)    (i)    “Credit agreement” means a covenant, promise, undertaking, commitment, or other agreement by a financial institution to:                 1.    Lend money;                 2.    Forbear from repayment of money, goods, or things in action;                 3.    Forbear from collecting or exercising any right to collect a debt; or                 4.    Otherwise extend credit.             (ii)    “Credit agreement” […]

Section 5-410 – Immunity — Receivership of Insurer

    (a)    Except as provided in subsection (b) of this section, no claim of any nature whatsoever that is directly related to the receivership of an insurer shall arise against, and no liability shall be imposed upon, the Insurance Commissioner, deputy commissioner, special deputy commissioner, or any person or entity acting as a receiver of an insurer, […]

Section 5-411 – Immunity — Joint Insurance Association, Member Insurers, Etc

    (a)    There may not be any liability on the part of or cause of action of any nature against an Association member, the Joint Insurance Association or its agents or employees, the Board of Directors, or the Insurance Commissioner or the Commissioner’s representatives for any action taken by them in the performance of their powers and […]

Section 5-414 – Immunity — Labor Associations or Organizations

    An association or organization participating or interested in a labor dispute, as those terms are defined under the Labor and Employment Article, or an officer or member of the association or organization, may not be held responsible or liable in a civil action at law or suit in equity, or in any criminal prosecution, for […]

Section 5-416 – Immunity — Member of Lawyer Counseling Committee

    A member of a lawyer counseling committee, defined under § 10-502 of the Business Occupations and Professions Article, who acts in good faith and within the scope of the jurisdiction of the committee is not civilly liable or subject to a disciplinary proceeding for:         (1)    An action as a member of the committee; or         (2)    Giving information […]

Section 5-417 – Immunity — Directors of Corporations Generally

    (a)    In this section, “act” has the meaning stated in § 2–405.1 of the Corporations and Associations Article.     (b)    A present or former director of a corporation who while a director acts or acted in accordance with the standard of conduct provided in § 2–405.1 of the Corporations and Associations Article has no liability in any action […]