2010 Maryland Code
Subtitle 6 - Immunities and Prohibited Actions - Health and Public Safety
Section 5-635 - Customer use of employee toilet facility in retail establishment.

§ 5-635. Customer use of employee toilet facility in retail establishment.

(a)  "Customer" defined.- In this section, "customer" means an individual who is lawfully on the premises of a retail establishment. 

(b)  In general.- 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 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. 

(c)  Employee toilet not public restroom.- Notwithstanding any provision of this section, an employee toilet facility is not to be considered a public restroom. 

[1990, ch. 546, § 3; 1997, ch. 14, § 9; 2002, ch. 19, § 10.] 

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