(a) In this subtitle, unless the context clearly requires otherwise, “State personnel” means: (1) a State employee or official who is paid in whole or in part by the Central Payroll Bureau in the Office of the Comptroller of the Treasury; (2) an employee or official of the: (i) Maryland Transportation Authority; (ii) Maryland Stadium Authority; (iii) Maryland Environmental Service; (iv) overseas […]
This subtitle shall be construed broadly, to ensure that injured parties have a remedy.
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.
(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 […]
(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 […]
State personnel shall have the immunity from liability described under § 5-522(b) of the Courts and Judicial Proceedings Article.
(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 […]
(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 […]
(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.
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.
This subtitle may be cited as the “Maryland Tort Claims Act”.
