Maryland § 5-401.1

Full text of Maryland Maryland Code § 5-401.1, with citation guidance and answers to common questions.

§ 5-401.1.

    (a)    (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)    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)    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)    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.

Frequently Asked Questions About Maryland § 5-401.1

What does Maryland Code § 5-401.1 cover?

Section 5-401.1 is part of the Maryland Code, the codified statutory law of Maryland. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Maryland § 5-401.1?

A common citation format is "Maryland Code § 5-401.1" (Maryland). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Maryland law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Maryland official source linked on this page or consult a licensed Maryland attorney.

How does Maryland § 5-401.1 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Maryland can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Maryland.