2013 Maryland Code
COURTS AND JUDICIAL PROCEEDINGS
§ 5-401 - Certain construction industry and motor carrier indemnity agreements prohibited

§5-401.

(a) (1) A covenant, promise, agreement, or understanding in, or in connection with or collateral to, a contract or agreement relating to architectural, engineering, inspecting, or surveying services, or the construction, alteration, repair, or maintenance of a building, structure, appurtenance or appliance, including moving, demolition, and excavating connected with those services or that work, purporting to indemnify the promisee against liability for damages arising out of bodily injury to any person or damage to property caused by or resulting from the sole negligence of the promisee or indemnitee, or the agents or employees of the promisee or indemnitee, is against public policy and is void and unenforceable.

(2) This subsection does not affect the validity of any insurance contract, workers’ compensation, any general indemnity agreement required by a surety as a condition of execution of a bond for a construction or other contract, or any other agreement issued by an insurer.

(b) (1) (i) In this subsection the following words have the meanings indicated.

(ii) “Motor carrier” has the meaning stated in § 11-134.2 of the Transportation Article.

(iii) 1. “Motor carrier transportation contract” means a contract, agreement, or understanding concerning:

A. The transportation of property for compensation or hire by a motor carrier;

B. The entrance on property by a motor carrier for the purpose of loading, unloading, or transporting property for compensation or hire; or

C. A service incidental to an activity described in item A or B of this subsubparagraph, including storage of property.

2. “Motor carrier transportation contract” does not include:

A. The Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America, as amended by the Intermodal Interchange Executive Committee; or

B. Other agreements providing for the interchange, use, or possession of intermodal chassis, containers, or other intermodal equipment.

(iv) “Promisee” includes an agent, employee, servant, or independent contractor who is directly responsible to the promisee, other than a motor carrier that is a party to a motor carrier transportation contract with the promisee, and an agent, employee, servant, or independent contractor directly responsible to that motor carrier.

(2) Notwithstanding any other provision of law, a provision, clause, covenant, or agreement contained in, collateral to, or affecting a motor carrier transportation contract that purports to indemnify, defend, or hold harmless, or has the effect of indemnifying, defending, or holding harmless, the promisee against liability for loss or damage resulting from the negligence or intentional acts or omissions of the promisee is against public policy and is void and unenforceable.

§ 5-401 - 1. Release or settlement of claim by injured individual

(a) Voidability of release; notice. --

(1) A release of the claim of an injured individual for damages resulting from a tort, signed by the injured individual within 30 days of the infliction of the injuries without the assistance or guidance of an attorney at law, and any power of attorney to or contract of employment with an attorney at law, with reference to recovery of damages for the tort, signed by the individual within 30 days after the infliction of the injuries, shall be voidable at the option of the injured individual within 60 days after the day on which the individual signed the document.

(2) (i) Notice that a release is voided under this subsection by the injured individual shall be:

1. In writing; and

2. Accompanied by the return of any money paid to the injured individual as a result of the signing of the release.

(ii) The release is void from the date that the notice is mailed.

(b) Restrictions on settlement, release, or statements of injured individuals. -- A person whose interest is or may become adverse to an injured individual who is confined to a hospital or sanitarium as a patient may not, within 15 days from the date of the occurrence causing the patient's injury:

(1) Negotiate or attempt to negotiate a settlement with the patient;

(2) Obtain or attempt to obtain a general release of liability from the patient; or

(3) Obtain or attempt to obtain any statement, either written or oral from the patient, for use in negotiating a settlement or obtaining a release.

(c) Use of settlement agreement or release as evidence. -- Any settlement agreement entered into or any general release of liability made by any individual who is confined in a hospital or sanitarium after the individual incurs a personal injury may not be used in evidence in any court action relating to the injury and may not be used for any purpose in any legal action in connection with the injury if the settlement agreement or release is obtained contrary to the provisions of subsection (b) of this section.

(d) Effect of release on subsequent tort-feasor. -- A release executed by an individual who has sustained personal injuries does not discharge a subsequent tort-feasor:

(1) Who is not a party to the release; and

(2) (i) Whose responsibility for the individual's injuries is unknown at the time of execution of the release; or

(ii) Who is not specifically identified in the release.