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§ 5-802. Community recreation programs and volunteers

West's Annotated Code of MarylandCourts and Judicial Proceedings

West's Annotated Code of Maryland
Courts and Judicial Proceedings
Title 5. Limitations, Prohibited Actions, and Immunities (Refs & Annos)
Subtitle 8. Immunities and Prohibited Actions--Miscellaneous (Refs & Annos)
MD Code, Courts and Judicial Proceedings, § 5-802
§ 5-802. Community recreation programs and volunteers
Definitions
(a)(1) In this section the following words have the meanings indicated.
(2) “Athletic official” means an individual who officiates, referees, or umpires an interscholastic, intercollegiate, or any other amateur athletic contest conducted by a nonprofit or governmental body.
(3)(i) “Community recreation program” means an athletic, fitness, or recreation activity:
1. Organized for pleasure, recreation, or other nonprofit purposes;
2. That has substantially all of its activities conducted for pleasure, recreation, or other nonprofit purposes; and
3. That does not have any part of the net earnings benefiting any private shareholder.
(ii) “Community recreation program” does not include a public or private educational institution's athletic program.
(4) “Compensation” does not include actual and necessary expenses that are incurred by a volunteer in connection with the services provided or duties performed by the volunteer on behalf of a community recreation program, and that are reimbursed to the volunteer or otherwise paid.
(5) “Volunteer” means a person who provides services or performs duties as an athletic coach, manager, official, program leader, or assistant for a community recreation program without receiving compensation.
Services and duties of volunteer on behalf of community recreation program
(b) Except as provided in subsection (c) of this section, a volunteer is not personally liable for damages in any civil action brought against the volunteer by virtue of the volunteer's act or omission in providing services or performing duties on behalf of a community recreation program.
Actions for which volunteer personally liable
(c) A volunteer is personally liable for damages in any civil action brought against the volunteer in which it is found that:
(1) The damages were the result of the volunteer's negligent operation of a motor vehicle;
(2) The damages were the result of the volunteer's willful, wanton, or grossly negligent act or omission; or
(3) The damages were the result of the volunteer's negligence in permitting an unsupervised competition, practice, or activity.
Athletic officials
(d)(1) Except as provided in paragraph (2) of this subsection, an athletic official is not personally liable in damages in any civil action brought against the athletic official by a player, a participant, or a spectator by virtue of the athletic official's act or omission arising out of the athletic official's duties and services performed while acting in the capacity of athletic official.
(2) An athletic official is personally liable for damages in any civil action brought against the athletic official in which it is found that the damages were the result of the athletic official's willful, wanton, or grossly negligent act or omission.
Construction of section
(e)(1) This section does not create, and may not be construed as creating, a new cause of action or substantive legal right against an athletic official or a volunteer.
(2) This section does not affect, and may not be construed as affecting, any immunities from civil liability or defenses established by any other provision of the Code or available at common law, to which an athletic official or volunteer may be entitled.

Credits

Added as Courts and Judicial Proceedings § 5-313 by Acts 1987, c. 601. Amended by Acts 1988, c. 83; Acts 1994, c. 576, § 1, eff. Oct. 1, 1994. Renumbered as Courts and Judicial Proceedings § 5-802 by Acts 1997, c. 14, § 9, eff. April 8, 1997.
MD Code, Courts and Judicial Proceedings, § 5-802, MD CTS & JUD PRO § 5-802
Current with all legislation from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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