Md. Code Ann., Cts. & Jud. Proc. § 5-635
Public use of retail employee bathrooms
Effective Oct 1, 2013Added 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.State of Maryland
- (a) In this section, “customer” means an individual who is lawfully on the premises of a retail establishment.
(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.
- (c) Notwithstanding any provision of this section, an employee toilet facility is not to be considered a public restroom.
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.