14 §8104. Exceptions to immunity (REPEALED)
§8104. Exceptions to immunity (REPEALED) SECTION HISTORY PL 1977, c. 2, §§2,5 (NEW). PL 1977, c. 578, §2 (RPR). PL 1977, c. 591, §6 (AMD). PL 1979, c. 68, §§1,5 (AMD). PL 1979, c. 663, §§82,82-A (AMD). PL 1985, c. 569, §5 (AMD). PL 1987, c. 740, §3 (RP).
14 §8116. Liability insurance
§8116. Liability insurance The legislative or executive body or any department of the State or any political subdivision may procure insurance against liability for any claim against it or its employees for which immunity is waived under this chapter or under any other law. If the insurance provides protection in excess of the limit of […]
14 §8104-A. Exceptions to immunity
§8104-A. Exceptions to immunity Except as specified in section 8104‑B, a governmental entity is liable for property damage, bodily injury or death in the following instances. [PL 1987, c. 740, §4 (NEW).] 1. Ownership; maintenance or use of vehicles, machinery and equipment. A governmental entity is liable for its negligent acts or omissions in […]
14 §8117. Prior claims
§8117. Prior claims This chapter does not apply to any claim against any governmental entity or employee arising before its effective date. Any such claim may be presented and enforced to the same extent and be subject to the same defenses and limitations on recovery as if this chapter had not been adopted and as […]
14 §8104-B. Immunity notwithstanding waiver
§8104-B. Immunity notwithstanding waiver Notwithstanding section 8104‑A, a governmental entity is not liable for any claim which results from: [PL 1987, c. 740, §4 (NEW).] 1. Undertaking of legislative act. Undertaking or failing to undertake any legislative or quasi-legislative act, including, but not limited to, the adoption or failure to adopt any statute, charter, […]
14 §8118. Eleventh amendment
§8118. Eleventh amendment Nothing in this chapter or any other provision of state law shall be construed to waive the rights and protections of the State under the Eleventh Amendment of the United States Constitution, except where such waiver is explicitly stated by law and actions against the State for damages shall only be brought […]
14 §8104-C. Wrongful death action
§8104-C. Wrongful death action Subject to any immunity provided by this chapter or otherwise provided by law, actions for the death of a person brought by the personal representatives of the deceased person against a governmental entity or employee must be brought in the same manner that is provided for similar actions in Title 18‑C, […]
14 §8104-D. Personal liability of employees of a governmental entity
§8104-D. Personal liability of employees of a governmental entity Except as otherwise expressly provided by section 8111 or by any other law, and notwithstanding the common law, the personal liability of an employee of a governmental entity for negligent acts or omissions within the course and scope of employment shall be subject to a limit […]
14 §8105. Limitation on damages
§8105. Limitation on damages 1. Limit established. In any claim or cause of action permitted by this chapter, the award of damages, including costs, against either a governmental entity or its employees, or both, may not exceed $400,000 for any and all claims arising out of a single occurrence. [PL 1999, c. 460, §1 […]
14 §8106. Jurisdiction of the court
§8106. Jurisdiction of the court 1. Original jurisdiction. The Superior Court shall have original jurisdiction over all claims permitted under this chapter and not settled in accordance with section 8109. [PL 1977, c. 78, §114 (AMD).] 2. Appeals. A. Copies of each notice of appeal filed in an action arising under this chapter […]