WILLIAM DONALD SCHAEFER, Governor Ch. 546

THE OWNER HAS BEEN OBTAINED AND IF NO CHARGE HAS BEEN MADE
FOR THE USE OF THE CAVE.

(C) AN OWNER OF A COMMERCIAL CAVE IS NOT LIABLE FOR AN
INJURY SUSTAINED BY A SPECTATOR WHO HAS PAID TO VIEW THE CAVE
UNLESS:

(1) THE INJURY IS SUSTAINED AS A RESULT OF THE OWNER'S
NEGLIGENCE IN CONNECTION WITH THE PROVIDING AND MAINTAINING
OF TRAILS, STAIRS, ELECTRICAL WIRES, OR OTHER MODIFICATIONS;
AND

(2) THE NEGLIGENCE IS THE PROXIMATE CAUSE OF THE
INJURY.

5 399 2 5—399 1

(A) IN THIS SECTION "GOVERNING BODY" HAS THE MEANING
STATED IN § 14-118 OF THE REAL PROPERTY ARTICLE.

(B) SUBJECT TO THE PROVISIONS OF SUBSECTION (C) OF THIS
SECTION, A PERSON SUSTAINING AN INJURY AS A RESULT OF THE
TORTIOUS ACT OF AN OFFICER OR DIRECTOR OF A GOVERNING BODY
WHILE THE OFFICER OR DIRECTOR IS ACTING WITHIN THE SCOPE OF
THE OFFICER'S OR DIRECTOR'S DUTIES MAY RECOVER ONLY IN AN
ACTION BROUGHT AGAINST THE GOVERNING BODY FOR THE ACTUAL
DAMAGES SUSTAINED.

(C) IN A PROCEEDING AGAINST A GOVERNING BODY, A DIRECTOR
OR OFFICER OF A GOVERNING BODY MAY NOT BE HELD PERSONALLY
LIABLE FOR INJURIES SUSTAINED BY A PARTY IF THE DIRECTOR OR
OFFICER:

(1) ACTED WITHIN THE SCOPE OF THE DIRECTOR'S OR
OFFICER'S DUTIES;

(2) ACTED IN GOOD FAITH; AND

(3) DID NOT ACT IN A RECKLESS, WANTON, OR GROSSLY
NEGLIGENT MANNER.

(D) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
SUBSECTION, A CLAIMANT SHALL NAME ONLY THE GOVERNING BODY
AS A PARTY DEFENDANT.

(2) AN OFFICER OR DIRECTOR OF A GOVERNING BODY MAY
BE NAMED INDIVIDUALLY ONLY WHEN THE GOVERNING BODY FOR
WHICH THE OFFICER OR DIRECTOR WAS ACTING CANNOT BE
DETERMINED AT THE TIME AN ACTION IS INSTITUTED UNDER THIS
SECTION.

(3) IF AN OFFICER OR DIRECTOR IS NAMED AS AN

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