The Maryland General Assembly passed a bill to prohibit waivers of liability for negligence in recreational facilities and Governor Wes Moore signed the bill into law on May 16, 2024. This moment marks a significant victory for consumers and their safety in Maryland, as the state takes decisive action to end the practice of pre-injury contractual waivers in commercial recreational facilities. 

Before this law, commercial recreational facilities in Maryland, such as trampoline parks and rock-climbing facilities, could require customers to sign waivers of liability for negligence as a condition of entry or participation. These waivers effectively prevented paying customers from holding the facility legally accountable for injuries or death caused by the facility’s own negligence, a practice detrimental to consumers’ safety. 

This law declares pre-injury contractual waivers of liability of negligence to be void and unenforceable as a matter of public policy. This means that commercial recreational facilities can no longer require customers to sign away their rights in advance, thereby ensuring that these businesses are held to the same standards of reasonable care as other businesses and professionals in Maryland. 

“We are thrilled to witness this bill’s signing and we commend Governor Moore and the Maryland General Assembly for their leadership and prioritizing consumer safety,” said Maryland Association for Justice past president Emily Malarkey. “This legislation sends a clear message that commercial recreational facilities must prioritize the safety of their customers and uphold their duty to act with reasonable care.” 

With Governor Moore’s signature, Maryland sets a new standard for consumers and their safety, ensuring that all individuals can participate with confidence knowing that their rights are upheld, and their safety is paramount.  

“It gives me peace of mind to know that I will not have to waive away my child’s civil rights to participate in a trampoline park birthday party,” said Malarkey. “Parents should not have to sacrifice their legal rights and safety for the benefit of for-profit corporations, especially those that cater to children.”