2010 Maryland Code
COURTS AND JUDICIAL PROCEEDINGS
TITLE 5 - LIMITATIONS, PROHIBITED ACTIONS, AND IMMUNITIES
Subtitle 3 - Local Government Tort Claims Act
Section 5-303 - Liability of government; defenses.

§ 5-303. Liability of government; defenses.
 

(a)  Limitation on liability.-  

(1) Subject to paragraph (2) of this subsection, the liability of a local government may not exceed $200,000 per an individual claim, and $500,000 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. 

(2) The limits on liability provided under paragraph (1) of this subsection do not include interest accrued on a judgment. 

(b)  When government liable.-  

(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. 

(2) A local government may not assert governmental or sovereign immunity to avoid the duty to defend or indemnify an employee established in this subsection. 

(c)  Punitive damages; indemnification.-  

(1) A local government may not be liable for punitive damages. 

(2) (i) Subject to subsection (a) of this section and except as provided in subparagraph (ii) of this paragraph, a local government may indemnify an employee for a judgment for punitive damages entered against the employee. 

(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. 

(3) A local government may not enter into an agreement that requires indemnification for an act or omission of an employee that may result in liability for punitive damages. 

(d)  Defenses not waived.- 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)  Defenses available to government.- 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)  Limitation of defenses for certain entities in Baltimore City.-  

(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. 

(2) Baltimore Public Markets Corporation, in Baltimore City, and its employees, may not raise as a defense a limitation on liability described under § 5-406 of this title. 
 

[1987, ch. 594; 1992, ch. 303; 1997, ch. 14, § 9; 1999, chs. 177, 637; 2000, ch. 556; 2001, ch. 286; 2003, ch. 17; 2007, ch. 123.]