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§ 12-106. Restrictions on actions

West's Annotated Code of MarylandState GovernmentEffective: October 1, 2017

West's Annotated Code of Maryland
State Government (Refs & Annos)
Title 12. Immunity and Liability (Refs & Annos)
Subtitle 1. Maryland Tort Claims Act (Refs & Annos)
Effective: October 1, 2017
MD Code, State Government, § 12-106
§ 12-106. Restrictions on actions
Scope of section
(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.
Claim and denial required
(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 or a designee of the Treasurer within 1 year after the injury to person or property that is the basis of the claim;
(2) the Treasurer or designee denies the claim finally; and
(3) the action is filed within 3 years after the cause of action arises.
Failure to submit written claim
(c)(1) If a claimant fails to submit a written claim in accordance with subsection (b)(1) of this section, on motion by a claimant and for good cause shown, the court may entertain an action under this subtitle unless the State can affirmatively show that its defense has been prejudiced by the claimant's failure to submit the claim.
(2) Subsection (b)(1) and (2) of this section does not apply if, within 1 year after the injury to person or property that is the basis of the claim, the State has actual or constructive notice of:
(i) the claimant's injury; or
(ii) the defect or circumstances giving rise to the claimant's injury.

Credits

Added as State Government § 12-105 by Acts 1984, c. 284, § 1, eff. Oct. 1, 1990. Renumbered as State Government § 12-106 by Acts 1985, c. 538, § 2, eff. July 1, 1985. Amended by Acts 1985, c. 538, § 2, eff. July 1, 1985; Acts 1994, c. 564, § 1, eff. Oct. 1, 1994; Acts 1994, c. 565, § 1, eff. Oct. 1, 1994; Acts 1995, c. 437, § 1, eff. Oct. 1, 1995; Acts 2015, c. 132, § 1, eff. Oct. 1, 2015; Acts 2016, c. 623, § 1, eff. Oct. 1, 2016; Acts 2017, c. 12, § 1, eff. Oct. 1, 2017; Acts 2017, c. 656, § 1, eff. Oct. 1, 2017.
MD Code, State Government, § 12-106, MD STATE GOVT § 12-106
Current through all legislation from the 2022 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document