2015 Maryland Code
STATE GOVERNMENT
Title 12 - IMMUNITY AND LIABILITY
Subtitle 1 - MARYLAND TORT CLAIMS ACT
§ 12-106 - Restrictions on actions

MD State Govt Code § 12-106 (2015) What's This?

(a) Scope of section. -- This section does not apply to a claim that is asserted by cross-claim, counterclaim, or third-party claim.

(b) Claim and denial required. -- Except as provided in subsection (c) of this section, a claimant may not institute an action under this subtitle unless:

(1) the claimant submits a written claim to the Treasurer or a designee of the Treasurer within 1 year after the injury to person or property that is the basis of the claim;

(2) the Treasurer or designee denies the claim finally; and

(3) the action is filed within 3 years after the cause of action arises.

(c) Effect of failure to submit written claim. -- If a claimant fails to submit a written claim in accordance with subsection (b)(1) of this section, on motion by a claimant and for good cause shown, the court may entertain an action under this subtitle unless the State can affirmatively show that its defense has been prejudiced by the claimant's failure to submit the claim.

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