2005 Maine Code - §2930 — Immunity

      1. Governmental entity. Subject to all the limitations and exceptions provided under the Maine Tort Claims Act, Title 14, chapter 741, a government entity is immune from tort liability for property damages, bodily injury or death resulting from acts or omissions occurring in developing, establishing, implementing, maintaining or operating the E-9-1-1 system.[1997, c. 291, §3 (new).]
      2. Telecommunications providers. A telecommunications provider assisting in the implementation and operation of the statewide E-9-1-1 system, including, but not limited to, the development and maintenance of the network, the development and maintenance of any databases and the processing of calls, is subject to tort liability:
   
A. For property damages, bodily injury or death resulting from any defect in the E-9-1-1 system or inadequacy in the provision of E-9-1-1 service caused by the telecommunications provider's negligent acts or omissions in developing, establishing, implementing, maintaining or operating the E-9-1-1 system, up to a maximum amount for any and all claims arising out of a single occurrence not to exceed $300,000 or the dollar amount that appears in Title 14, section 8105, subsection 1, whichever is greater; and [1999, c. 209, §1 (new).]    
B. For property damages, bodily injury or death resulting from any defect in the E-9-1-1 system or inadequacy in the provision of E-9-1-1 service caused by the telecommunications provider's intentional, willful or reckless acts or omissions in developing, establishing, implementing, maintaining or operating the E-9-1-1 system, without limitation on the amount. [1999, c. 209, §1 (new).]

For purposes of this subsection, the term "telecommunications provider" means a local exchange carrier, a commercial mobile radio service provider, as defined in United States Code, Title 47, Section 332(d), an employee of a local exchange carrier or commercial mobile radio service provider acting within the scope of the employee's employment, or an agent of a local exchange carrier or commercial mobile radio service provider acting within the scope of the agent's agency.
[1999, c. 209, §1 (rpr).]

Section History:

PL 1997,  Ch. 291,   §3 (NEW).
PL 1999,  Ch. 209,   §1 (AMD).