New Maryland Law Makes Liability Waivers Inconsequential for Recreational Facilities

Following the Spring term, the Maryland General Assembly passed a new law, Senate Bill 452 (SB 452), which Governor Wes Moore signed into law on May 16, 2024. This law limits how recreational facilities can protect themselves from liability for injuries allegedly caused by negligence or wrongful acts.

Under Maryland’s Courts & Judicial Proceedings Article at § 5–401.2, the new law states that except for very limited exceptions, it is against public policy in Maryland for any contract or agreement related to using a commercial “recreational facility” to limit or release the facility, its agents, or its on-duty employees from liability for injuries caused by negligence or wrongful acts.

This marks a change in Maryland law, which has now removed protections that some businesses had enjoyed against claims of negligence. Regular business practice in Maryland previously consisted of having patrons sign liability waivers upon visitation at a recreational facility. By signing such waivers, patrons acknowledge the inherent dangers of whatever activity it is in which they are engaging, and waive their right to sue the business if they are injured during their participation in such activity. These waiver provisions functioned to limit the business’ liability, hold the business harmless against liability for injury caused by or resulting from negligence, or release the business from indemnification.

The new Maryland law invalidates these waivers when it comes to negligence. Plaintiffs will still need to establish negligence to succeed in a lawsuit, but implementation of this new law shifts the focus from businesses defending on the basis of a signed waiver to defending on the basis that the business was not negligent, or that the plaintiff’s negligence caused and/or contributed to the injury. If a facility’s negligence causes an injury, that facility can now be held accountable, and may be required to compensate the injured party for medical bills, lost wages, pain, and suffering. Maryland will continue to enforce waivers related to liability for gross negligence or criminal conduct.

The new law took effect on October 1, 2024, and will impact facilities such as gyms, swimming pools, amusement attractions, and athletic facilities.

Written by attorney Pavel A. Glazunov.