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§ 5-635. Public use of retail employee bathrooms

West's Annotated Code of MarylandCourts and Judicial ProceedingsEffective: October 1, 2013

West's Annotated Code of Maryland
Courts and Judicial Proceedings
Title 5. Limitations, Prohibited Actions, and Immunities (Refs & Annos)
Subtitle 6. Immunities and Prohibited Actions--Health and Public Safety (Refs & Annos)
Effective: October 1, 2013
MD Code, Courts and Judicial Proceedings, § 5-635
§ 5-635. Public use of retail employee bathrooms
Currentness
Customer defined
(a) In this section, “customer” means an individual who is lawfully on the premises of a retail establishment.
Use of toilet facilities that are not public
(b) A retail establishment and any employee of a retail establishment are not civilly liable for any act or omission in allowing a customer, including a customer who has an eligible medical condition, as defined in § 24-209 of the Health--General Article, to use a toilet facility that is not a public toilet facility, if the act or omission:
(1) Is not willful or grossly negligent;
(2) Occurs in an area of the retail establishment that is not accessible to the public; and
(3) Results in an injury to or death of the customer or any individual other than an employee accompanying the customer.
Employee toilet facilities not a public restroom
(c) Notwithstanding any provision of this section, an employee toilet facility is not to be considered a public restroom.

Credits

Added as Courts and Judicial Proceedings § 5-378 by Acts 1990, c. 546, § 3. Renumbered as Courts and Judicial Proceedings § 5-635 by Acts 1997, c. 14, § 9, eff. April 8, 1997. Amended by Acts 2013, c. 148, § 1, eff. Oct. 1, 2013.
MD Code, Courts and Judicial Proceedings, § 5-635, MD CTS & JUD PRO § 5-635
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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