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§ 12-104. Waiver of State tort immunity

West's Annotated Code of MarylandState GovernmentEffective: July 1, 2022

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: July 1, 2022
MD Code, State Government, § 12-104
§ 12-104. Waiver of State tort immunity
In general
(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 this paragraph, the liability of the State and its units may not exceed $400,000 to a single claimant for injuries arising from a single incident or occurrence.
(ii) If liability of the State or its units arises from intentional tortious acts or omissions or a violation of a constitutional right committed by a law enforcement officer, the following limits on liability shall apply:
1. subject to item 2 of this subparagraph, the combined award for both economic and noneconomic damages may not exceed a total of $890,000 for all claims arising out of the same incident or occurrence, regardless of the number of claimants or beneficiaries who share in the award; and
2. in a wrongful death action in which there are two or more claimants or beneficiaries, an award for noneconomic damages may not exceed 150% of the limitation established under item 1 of this item, regardless of the number of claimants or beneficiaries who share in the award.
(b) Immunity is not waived under this section as described under § 5-522(a) of the Courts and Judicial Proceedings Article.
Payments in excess of limitation on liability
(c)(1) The Treasurer may pay from the State Insurance Trust Fund all or part of that portion of a tort claim which exceeds the limitation on liability established under subsection (a)(2) of this section under the following conditions:
(i) the tort claim is one for which the State and its units have waived immunity under subsections (a) and (b) of this section;
(ii) a judgment or settlement has been entered granting the claimant damages to the full amount established under subsection (a)(2) of this section; and
(iii) the Board of Public Works, with the advice and counsel of the Attorney General, has approved the payment.
(2) Any payment of part of a settlement or judgment under this subsection does not abrogate the sovereign immunity of the State or any units beyond the waiver provided in subsections (a) and (b) of this section.


Added by Acts 1984, c. 284, § 1, eff. Oct. 1, 1984. Amended by Acts 1985, c. 538, § 2, eff. July 1, 1985; Acts 1986, c. 5, § 1, eff. July 1, 1986; Acts 1986, c. 396, § 1, eff. July 1, 1986; Acts 1990, c. 546, § 3, eff. Oct. 1, 1990; Acts 1995, c. 437, § 2, eff. July 1, 1996; Acts 1997, c. 14, § 20, eff. April 8, 1997; Acts 1999, c. 639, § 1, eff. Oct. 1, 1999; Acts 2015, c. 132, § 1, eff. Oct. 1, 2015; Acts 2021, c. 59, § 3, eff. July 1, 2022.
Formerly Art. 95, § 27.
MD Code, State Government, § 12-104, MD STATE GOVT § 12-104
Current through all legislation from the 2022 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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