Maryland Code § CJ-5-639

Section CJ-5-639
Open in Lexace · Ask the AI about this section
(a) (1) In this section the following words have the meanings indicated.
(2) "Emergency service" has the meaning stated in § 19-103 of the
Transportation Article.
(3) "Emergency vehicle" has the meaning stated in § 11-118 of the
Transportation Article.
(b) (1) An operator of an emergency vehicle, who is authorized to operate
the emergency vehicle by its owner or lessee, is immune from suit in the operator's
individual capacity for damages resulting from a negligent act or omission while
operating the emergency vehicle in the performance of emergency service.
(2) This subsection does not provide immunity from suit to an
operator for a malicious act or omission or for gross negligence of the operator.
(c) (1) An owner or lessee of an emergency vehicle, including a political
subdivision, is liable to the extent provided in subsection (d) of this section for any
damages caused by a negligent act or omission of an authorized operator while
operating the emergency vehicle in the performance of emergency service.
(2) This subsection does not subject an owner or lessee to liability for
the operator's malicious act or omission or for the operator's gross negligence.
(3) A political subdivision may not raise the defense of governmental
immunity in an action against it under this section.
(d) Liability under this section for self-insured jurisdictions is limited to the
amount of the minimum benefits that a vehicle liability insurance policy must provide
under § 17-103 of the Transportation Article, except that an owner or lessee may be
liable in an amount up to the maximum limit of any basic vehicle liability insurance
policy it has in effect exclusive of excess liability coverage.
(e) A judgment under this section against the owner or lessee of an
emergency vehicle constitutes a complete bar to any action or judgment deriving from
the same occurrence against the operator of the emergency vehicle.

‹ Prev All Maryland sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.