Maine Tort Claims Act
Maine · Proceeding After Verdict or Judgment · §§ 8101 to 8118 · 22 sections
Overview
This act governs when governmental units may be held liable in tort, waiving governmental immunity to a defined extent and granting permission to sue on the claims that fall within that waiver. It sets out the scope of liability — including the duty owed for premises and special defects, the treatment of municipalities, school districts, and other public bodies, and a limit on the amount recoverable — while excluding broad categories of conduct from the waiver, among them discretionary decisions, legislative and judicial functions, certain governmental functions, and certain intentional torts; the immunity of individual employees is separately preserved, and liability and workers' compensation insurance are addressed. It also establishes the procedure for pursuing a claim, requiring notice to the governmental unit and commencement of suit on stated terms, and covering legal representation, settlement, an election of remedies between the governmental unit and its employees, and how a resulting judgment is paid and collected.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
In the courts
Sections of this act have been cited in 31 court decisions.
Most-cited authority: 196 F.3d 41 - Fletcher v. Town of Clinton
Sections covered
- Me. Rev. Stat. tit. 14, § 8101Title5 cites
- Me. Rev. Stat. tit. 14, § 8102Definitions1 cite
- Me. Rev. Stat. tit. 14, § 8103Immunity from suit4 cites
- Me. Rev. Stat. tit. 14, § 8104Exceptions to immunity
- Me. Rev. Stat. tit. 14, § 8104-AExceptions to immunity2 cites
- Me. Rev. Stat. tit. 14, § 8104-BImmunity notwithstanding waiver2 cites
- Me. Rev. Stat. tit. 14, § 8104-C-2Wrongful death action
- Me. Rev. Stat. tit. 14, § 8104-DPersonal liability of employees of a governmental entity2 cites
- Me. Rev. Stat. tit. 14, § 8105Limitation on damages1 cite
- Me. Rev. Stat. tit. 14, § 8106Jurisdiction of the court1 cite
- Me. Rev. Stat. tit. 14, § 8107Notice to governmental entity4 cites
- Me. Rev. Stat. tit. 14, § 8108Time for allowance or denial of claims
- Me. Rev. Stat. tit. 14, § 8109Compromise and settlement
- Me. Rev. Stat. tit. 14, § 8110Limitation of actions
- Me. Rev. Stat. tit. 14, § 8111Personal immunity for employees; procedure6 cites
- Me. Rev. Stat. tit. 14, § 8112Defense and indemnification of employees1 cite
- Me. Rev. Stat. tit. 14, § 8113Liability not expanded, other remedies are exclusive
- Me. Rev. Stat. tit. 14, § 8114Judgment against governmental entity or employee; effect
- Me. Rev. Stat. tit. 14, § 8115Payment of claims or judgments when no insurance
- Me. Rev. Stat. tit. 14, § 8116Liability insurance1 cite
- Me. Rev. Stat. tit. 14, § 8117Prior claims
- Me. Rev. Stat. tit. 14, § 8118Eleventh amendment1 cite
Enacted in other states
Iowa, Maryland, New Jersey, New Mexico, South Carolina, Texas, Virginia
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