Section 12-103.1 – Members or Employees of Board of Supervisors of Soil Conservation Districts
The provisions governing the tort immunity of a member or employee of a board of supervisors of a soil conservation district are found in § 5-517 of the Courts and Judicial Proceedings Article.
Section 12-103.2 – Montgomery County
(a) In this section, “tort claim” means a tort claim filed in State court relating to the administration of a State program under Title 3, Subtitle 4 of the Human Services Article by the Montgomery County government. (b) (1) A tort claim shall be considered, defended, settled, and paid in the same manner as any other claim covered […]
Section 12-104 – Waiver of Immunity
(a) (1) Subject to the exclusions and limitations in this subtitle and notwithstanding any other provision of law, the immunity of the State and of its units is waived as to a tort action, in a court of the State, to the extent provided under paragraph (2) of this subsection. (2) (i) Except as provided in subparagraph (ii) of […]
Section 12-105 – Immunity of State Personnel
State personnel shall have the immunity from liability described under § 5-522(b) of the Courts and Judicial Proceedings Article.
Section 12-106 – Restrictions on Actions
(a) This section does not apply to a claim that is: (1) asserted by cross–claim, counterclaim, or third–party claim; or (2) brought under § 5–117 of the Courts Article. (b) Except as provided in subsection (c) of this section, a claimant may not institute an action under this subtitle unless: (1) the claimant submits a written claim to the Treasurer […]
Section 12-107 – Claims
(a) A claim under this subtitle shall: (1) contain a concise statement of facts that sets forth the nature of the claim, including the date and place of the alleged tort; (2) demand specific damages; (3) state the name and address of each party; (4) state the name, address, and telephone number of counsel for the claimant, if any; and […]
Section 12-108 – Actions
(a) In an action under this subtitle, service of the complaint and accompanying documents is sufficient only if made on the Treasurer. (b) Unless full representation is provided under a contract of insurance, the Attorney General shall defend an action under this subtitle against the State or any of its units.
Section 12-109 – Counsel Fees
Counsel may not charge or receive fees that exceed: (1) 20% of a settlement made under this subtitle; or (2) 25% of a judgment made under this subtitle.
Section 12-110 – Short Title
This subtitle may be cited as the “Maryland Tort Claims Act”.
Section 12-102 – Construction of Subtitle
This subtitle shall be construed broadly, to ensure that injured parties have a remedy.