Home Table of Contents

§ 12-104. Waiver of State tort immunity

West's Annotated Code of MarylandState GovernmentEffective: October 1, 2015

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, 2015
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) 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.
Exceptions
(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.

Credits

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.
Formerly Art. 95, § 27.

Editors' Notes

HISTORICAL AND STATUTORY NOTES
1995 Legislation
Acts 1995, c. 437, § 3, provides:
“SECTION 3. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall be construed only prospectively and may not be applied or interpreted to have any effect on or application to any cause of action arising before July 1, 1996.”
1999 Legislation
Acts 1999, c. 639, § 1, in subsec. (a)(2), substituted “$200,000” for “$100,000”.
Acts 1999, c. 639, § 2, provides:
“SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed only prospectively and may not be applied or interpreted to have any effect on or application to any cause of action arising before the effective date of this Act.”
2015 Legislation
Acts 2015, c. 132, § 1, in para. (a)(2), substituted “may not exceed $400,000 to a single claimant” for “may not exceed $200,000 to a single claimant”.
Acts 2015, c. 132, § 2, provides:
“SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to apply only prospectively and may not be applied or interpreted to have any effect on or application to any cause of action arising before the effective date of this Act.”
MD Code, State Government, § 12-104, MD STATE GOVT § 12-104
Current through all legislation from the 2017 Regular Session of the General Assembly
End of Document© 2017 Thomson Reuters. No claim to original U.S. Government Works.