14 §8101. Title

§8101. Title This chapter shall be known and may be cited as the “Maine Tort Claims Act.”   [PL 1977, c. 2, §2 (NEW).] SECTION HISTORY PL 1977, c. 2, §§2,5 (NEW). PL 1977, c. 591, §6 (AMD). PL 1979, c. 68, §5 (AMD).

14 §8102. Definitions

§8102. Definitions As used in this chapter, unless the context otherwise indicates, the following words shall have the following meanings.   [PL 1977, c. 2, §2 (NEW).] 1.  Employee.  “Employee” means a person acting on behalf of a governmental entity in any official capacity, whether temporarily or permanently, and whether with or without compensation from […]

14 §8103. Immunity from suit

§8103. Immunity from suit 1.  Immunity.  Except as otherwise expressly provided by statute, all governmental entities shall be immune from suit on any and all tort claims seeking recovery of damages. When immunity is removed by this chapter, any claim for damages shall be brought in accordance with the terms of this chapter.   [PL […]

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 §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 §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 §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 §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 […]

14 §8107. Notice to governmental entity

§8107. Notice to governmental entity 1.  Notice requirements for filing.  Within 365 days after any claim or cause of action permitted by this chapter accrues, or at a later time within the limits of section 8110, when a claimant shows good cause why notice could not have reasonably been filed within the 365-day limit, a […]

14 §8108. Time for allowance or denial of claims

§8108. Time for allowance or denial of claims Within 120 days after the filing of the claim with the governmental entity, the governmental entity shall act thereon and notify the claimant in writing of its approval or denial of the monetary damages claimed. A claim shall be deemed to have been denied if at the […]

14 §8109. Compromise and settlement

§8109. Compromise and settlement 1.  Procedures for State.  The State has authority to settle claims filed against it pursuant to sections 8104‑A, 8104‑B, 8104‑C and 8104‑D in accordance with the following procedures.   A. Any agency may settle any claim for an amount of $1,500 or less when such settlement is approved by the appropriate […]

14 §8110. Limitation of actions

§8110. Limitation of actions Every claim against a governmental entity or its employees permitted under this chapter is forever barred from the courts of this State, unless an action therein is begun within 2 years after the cause of action accrues, except that, if the claimant is a minor when the cause of action accrues, […]

14 §8111. Personal immunity for employees; procedure

§8111. Personal immunity for employees; procedure 1.  Immunity.  Notwithstanding any liability that may have existed at common law, employees of governmental entities shall be absolutely immune from personal civil liability for the following:   A. Undertaking or failing to undertake any legislative or quasi-legislative act, including, but not limited to, the adoption or failure to […]

14 §8112. Defense and indemnification of employees

§8112. Defense and indemnification of employees 1.  When a governmental entity is not liable.  A governmental entity, with the consent of the employee, shall assume the defense of and, in its discretion, may indemnify any employee against a claim which arises out of an act or omission occuring within the course and scope of employment […]

14 §8113. Liability not expanded, other remedies are exclusive

§8113. Liability not expanded, other remedies are exclusive 1.  Liability not expanded unless chapter expressly provides.  Except as expressly provided herein, nothing in this chapter shall enlarge or otherwise adversely affect the liability of an employee or a governmental entity. Any immunity or other bar to a civil lawsuit under Maine or federal law shall, […]

14 §8114. Judgment against governmental entity or employee; effect

§8114. Judgment against governmental entity or employee; effect 1.  Separate action against governmental employee.  Any judgment against a governmental entity shall constitute a complete bar to a separate action for damages by the claimant, by reason of the same subject matter, against any public employee whose act or omission gave rise to the claim.   […]

14 §8115. Payment of claims or judgments when no insurance

§8115. Payment of claims or judgments when no insurance 1.  Payment from next appropriation.  In the event no insurance has been procured by the State to pay a claim or judgment arising under this chapter, and no appropriated funds are reasonably available, as determined by the Commissioner of Administrative and Financial Services, the claim or […]

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 […]