§ 5-303. Local government liability and defenses
West's Annotated Code of MarylandCourts and Judicial ProceedingsEffective: October 1, 2023
Effective: October 1, 2023
MD Code, Courts and Judicial Proceedings, § 5-303
§ 5-303. Local government liability and defenses
(a)(1) Except as provided in paragraphs (2), (3), and (4) of this subsection, the liability of a local government may not exceed $400,000 per an individual claim, and $800,000 per total claims that arise from the same occurrence for damages resulting from tortious acts or omissions, or liability arising under subsection (b) of this section and indemnification under subsection (c) of this section.
(b)(1) Except as provided in subsection (c) of this section, a local government shall be liable for any judgment against its employee for damages resulting from tortious acts or omissions committed by the employee within the scope of employment with the local government.
(ii) A local government may not indemnify a law enforcement officer for a judgment for punitive damages if the law enforcement officer has been found guilty under § 3-108 of the Public Safety Article as a result of the act or omission giving rise to the judgment, if the act or omission would constitute a felony under the laws of this State.
(d) Notwithstanding the provisions of subsection (b) of this section, this subtitle does not waive any common law or statutory defense or immunity in existence as of June 30, 1987, and possessed by an employee of a local government.
(e) A local government may assert on its own behalf any common law or statutory defense or immunity in existence as of June 30, 1987, and possessed by its employee for whose tortious act or omission the claim against the local government is premised and a local government may only be held liable to the extent that a judgment could have been rendered against such an employee under this subtitle.
(f)(1) Lexington Market, Inc., in Baltimore City, and its employees, may not raise as a defense a limitation on liability described under § 5-406 of this title.
Credits
Added as Courts and Judicial Proceedings § 5-403 by Acts 1987, c. 594, § 1, eff. July 1, 1987. Amended by Acts 1992, c. 303, § 1, eff. Oct. 1, 1992. Renumbered as Courts and Judicial Proceedings § 5-303 by Acts 1997, c. 14, § 9, eff. April 8, 1997. Amended by Acts 1999, c. 177, § 1, eff. Oct. 1, 1999; Acts 1999, c. 637, § 1, eff. Oct. 1, 1999; Acts 2000, c. 556, § 1, eff. Oct. 1, 2000; Acts 2001, c. 286, § 1, eff. April 20, 2001; Acts 2003, c. 17, § 1, eff. Oct. 1, 2003; Acts 2007, c. 123, § 1, eff. Oct. 1, 2007; Acts 2015, c. 131, § 1, eff. Oct. 1, 2015; Acts 2021, c. 59, § 3, eff. July 1, 2022; Acts 2023, c. 5, § 1, eff. Oct. 1, 2023; Acts 2023, c. 6, § 1, eff. Oct. 1, 2023.
MD Code, Courts and Judicial Proceedings, § 5-303, MD CTS & JUD PRO § 5-303
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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