§ 5-635. Customer use of employee toilet facility in retail establishment

   (a) "Customer" defined. -- In this section, "customer" means an individual who is lawfully on the premises of a retail establishment.

(b) In general. -- 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) Employee toilet not public restroom. -- Notwithstanding any provision of this section, an employee toilet facility is not to be considered a public restroom.

HISTORY: 1990, ch. 546, § 3; 1997, ch. 14, § 9; 2002, ch. 19, § 10; 2013, ch. 148.