2018 Maryland Code
State Government
Title 12 - Immunity and Liability
Subtitle 1 - Maryland Tort Claims Act
§ 12-104. Waiver of immunity

Universal Citation:
MD State Govt Code § 12-104 (2018)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
  • (a) In general. --

    • (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.

  • (b) Exclusions and limitations. -- Immunity is not waived under this section as described under ยง 5-522(a) of the Courts and Judicial Proceedings Article.

  • (c) Payment of claims exceeding coverage. --

    • (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.

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