Maryland Tort Claims Act
Maryland · SG · §§ 12-101 to 12-110 · 13 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.
Sections covered
- Md. Code Ann., State Gov't § 12-101Title 12 › Subtitle 1
- Md. Code Ann., State Gov't § 12-102Title 12 › Subtitle 1
- Md. Code Ann., State Gov't § 12-103Title 12 › Subtitle 1
- Md. Code Ann., State Gov't § 12-103.1Title 12 › Subtitle 1
- Md. Code Ann., State Gov't § 12-103.2Title 12 › Subtitle 1
- Md. Code Ann., State Gov't § 12-103.3Title 12 › Subtitle 1
- Md. Code Ann., State Gov't § 12-104Title 12 › Subtitle 1
- Md. Code Ann., State Gov't § 12-105Title 12 › Subtitle 1
- Md. Code Ann., State Gov't § 12-106Title 12 › Subtitle 1
- Md. Code Ann., State Gov't § 12-107Title 12 › Subtitle 1
- Md. Code Ann., State Gov't § 12-108Title 12 › Subtitle 1
- Md. Code Ann., State Gov't § 12-109Title 12 › Subtitle 1
- Md. Code Ann., State Gov't § 12-110Title 12 › Subtitle 1
Enacted in other states
Iowa, Maine, New Jersey, New Mexico, South Carolina, Texas, Virginia
Download
Copy
Embed on your site
Hover to preview · click to copy the code