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1736
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LAWS OF MARYLAND
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Ch. 546
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CHAPTER 546
(Senate Bill 731)
AN ACT concerning
Volunteer Fire and Rescue Companies - Immunity
FOR the purpose of providing that certain volunteer fire
companies are immune from liability in the same manner as a
local government agency for any act or omission in the
course of performing its duties under certain circumstances.
FOR the purpose of providing that fire and rescue companies and
their personnel are immune from civil liability for any act
or omission during the course of performing their duties,
except for any willful or grossly negligent act; waiving
immunity in certain cases; providing for limits on
liability in cases where immunity is waived; and generally
relating to civil liability of fire and rescue companies and
their personnel.
BY adding to
Article - Courts and Judicial Proceedings
Section 5-309.1
Annotated Code of Maryland
(1980 Replacement Volume and 1982 Supplement)
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SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Courts and Judicial Proceedings
5-309.1.
A VOLUNTEER FIRE COMPANY IS IMMUNE FROM LIABILITY IN THE
SAME MANNER AS A LOCAL GOVERNMENT AGENCY FOR ANY ACT OR OMISSION
IN THE COURSE OF PERFORMING ITS DUTIES IF:
THE ACT OR OMISSION IS NOT ONE OF GROSS NEGLIGENCE.
(A) NOTWITHSTANDING NOTWITHSTANDING ANY OTHER PROVISION OF
LAW, EXCEPT FOR ANY WILLFUL OR GROSSLY NEGLIGENT ACT, A FIRE
COMPANY OR RESCUE COMPANY, AND THE PERSONNEL OF A FIRE COMPANY OR
RESCUE COMPANY, ARE IMMUNE FROM CIVIL LIABILITY FOR ANY ACT OR
OMISSION IN THE COURSE OF PERFORMING THEIR DUTIES.
(B) (1) THE IMMUNITY GRANTED BY THIS SECTION IS WAIVED WITH
RESPECT TO ACTIONS TO RECOVER DAMAGES FOR THE NEGLIGENT OPERATION
OF A MOTOR VEHICLE TO THE FOLLOWING EXTENT:
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