MONTGOMERY COUNTY, Md. (7News) — 7News examines a new law in Maryland in the days following the tragic death of a five-year-old boy in Waldorf on Saturday, August 3.
“This law is a huge victory for consumers,” said Jonathan Lieberman, a partner at the Stein Sperling law firm in Rockville.
As Lieberman explained, the upcoming law will no longer allow liability exclusions to protect companies from lawsuits based on their negligence.
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“They are being abolished and essentially found that these types of exemptions are against public policy and unenforceable,” Lieberman said.
The new law will come into force on October 1, 2024 and will affect establishments such as:
- Fitness studios
- Swimming pool
- Amusement attractions
- Sports facilities
According to Lieberman, the new law excludes:
- Accommodation establishments (unless the attraction covered by the exemption is open to the public)
- State or local government entities that lease land to recreational facilities
- Adult Fitness Club Services
“This waiver has resulted in it being used by companies as a defense against individuals seeking to bring a lawsuit claiming injuries they suffered as a result of the negligence of the company or its agents or employees,” Lieberman said.
Lianna Golden from 7News: So companies can still submit a waiver with that kind of language, but even if someone signed it, it would technically be invalid?
Lieberman: Under this new law, most businesses no longer have to do that. They just have to comply with the law, follow safety regulations, and make sure their premises are safe and compliant with government regulations.
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It’s a new rule that Lieberman says could mean a lot to a family like the Hicks, who are going through unimaginable things.
“This will enable a family to go to court, present their case and demand the compensation they deserve,” Lieberman said.
This law already exists in Virginia, but exceptions are not enforced there.
However, the district has liability waivers.
