# State Government (GSG)

## Title 12. Immunity and Liability

### Subtitle 1. Maryland Tort Claims Act

#### Section 12-101

(a) In this subtitle, unless the context clearly requires otherwise, "State personnel" means:

  (1) a State employee or official who is paid in whole or in part by the Central Payroll Bureau in the Office of the Comptroller of the Treasury;

  (2) an employee or official of the:

    (i) Maryland Transportation Authority;

    (ii) Maryland Stadium Authority;

    (iii) Maryland Environmental Service;

    (iv) overseas programs of the University College of the University System of Maryland;

    (v) Maryland Economic Development Corporation;

    (vi) Maryland Technology Development Corporation;

    (vii) Maryland African American Museum Corporation;

    (viii) Maryland Automobile Insurance Fund;

    (ix) Maryland Health and Higher Educational Facilities Authority;

    (x) Maryland Agricultural and Resource-Based Industry Development Corporation;

    (xi) Somers Cove Marina Commission;

    (xii) Maryland Underground Facilities Damage Prevention Authority; and

    (xiii) Maryland Clean Energy Center;

  (3) a person who:

    (i) is a member of a State board, commission, or similar State entity; or

    (ii)

      (1) is providing a service to or for the State;

      (2) is not paid in whole or in part by the State; and

      (3) satisfies all other requirements for designation as State personnel as may be set forth in regulations adopted by the Treasurer pursuant to Title 10 of this article;

  (4) an individual who, without compensation, exercises a part of the sovereignty of the State;

  (5) a student enrolled in a State educational institution:

    (i) who is providing services to third parties in the course of participation in an approved clinical training or academic program;

    (ii) who, as determined by the Treasurer, is required to have liability insurance covering claims arising from services to third parties performed by the student in the course of the approved clinical training or academic program;

    (iii) who, as determined by the Treasurer, cannot obtain commercial liability insurance at an affordable cost; and

    (iv) who, as determined by the Treasurer, may be required to contribute to an insurance program for claims arising from services to third parties performed by the student in the course of the approved clinical training or academic program;

  (6)

    (i) a sheriff or deputy sheriff of a county or Baltimore City; or

    (ii) an employee of the office of a sheriff of a county or Baltimore City;

  (7) an employee of a county who is assigned to a local department of social services, including a Montgomery County employee who carries out State programs administered under Title 3, Subtitle 4 of the Human Services Article;

  (8) a State's Attorney of a county or Baltimore City, or an employee of an office of a State's Attorney;

  (9) a member of a board of license commissioners of a county or Baltimore City appointed under the provisions of the Alcoholic Beverages and Cannabis Article, or an employee of a board of license commissioners;

  (10) a member of a local board of elections, or an employee of a local board of elections;

  (11) a judge of a circuit court of a county or Baltimore City, or an employee of a circuit court;

  (12) a judge of an orphans' court of a county or Baltimore City, or an employee of an orphans' court;

  (13) to the extent of a nonprofit organization's activities as a third party payee, and to the extent the nonprofit organization has no other insurance for this purpose, a nonprofit organization that has been approved by the Department of Human Services or its designee to serve as a third party payee for purposes of providing temporary cash assistance, transitional assistance, or child-specific benefits to Family Investment Program recipients; or

  (14) a student, faculty, or staff member of an institution of higher education who is providing a service under the Family Investment Program in accordance with Sec. 5-305, Sec. 5-306, or Sec. 5-317 of the Human Services Article.

(b) In this subtitle, a unit of the State government includes the Montgomery County government to the extent that Montgomery County administers a State program under Title 3, Subtitle 4 of the Human Services Article.

#### Section 12-102

This subtitle shall be construed broadly, to ensure that injured parties have a remedy.

#### Section 12-103

This subtitle does not:

(1) limit any other law that:

  (i) waives the sovereign immunity of the State or the units of the State government in tort; or

  (ii) authorizes the State or its units to have insurance for tortious conduct;

(2) waive any right or defense of the State or its units, officials, or employees in an action in a court of the United States or any other state, including any defense that is available under the 11th Amendment to the United States Constitution; or

(3) apply to or waive any immunity of a bicounty unit, county, municipal corporation, or other political subdivision or any unit, official, or employee of any of those agencies or subdivisions.

#### Section 12-103.1

The provisions governing the tort immunity of a member or employee of a board of supervisors of a soil conservation district are found in Sec. 5-517 of the Courts and Judicial Proceedings Article.

#### Section 12-103.2

(a) In this section, "tort claim" means a tort claim filed in State court relating to the administration of a State program under Title 3, Subtitle 4 of the Human Services Article by the Montgomery County government.

(b)

  (1) A tort claim shall be considered, defended, settled, and paid in the same manner as any other claim covered by the Montgomery County Self-Insurance Fund.

  (2) Under this section, whenever Montgomery County administers a State program under Title 3, Subtitle 4 of the Human Services Article, Montgomery County acts as a unit of the State, and any tort claim shall name the State of Maryland as the proper defendant.

(c) Liability for a tort claim may not exceed the insurance coverage granted to units of State government under Title 9 of the State Finance and Procurement Article.

(d)

  (1) The State Treasurer is not liable under Sec. 9-107(c) of the State Finance and Procurement Article for a tort claim.

  (2) For tort claims, the duties, responsibilities, and liabilities of the Treasurer under this subtitle shall be assumed by the Montgomery County Self-Insurance Fund with damages limited in accordance with subsection (c) of this section.

#### Section 12-103.3

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Detention center function" includes:

    (i) operating and administering a detention center; and

    (ii) supervising personnel who perform a function described in item (i) of this paragraph.

  (3) "Law enforcement function" includes:

    (i) conducting patrol;

    (ii) making stops and arrests;

    (iii) investigating criminal offenses; and

    (iv) supervising personnel who perform a function described in items (i) through (iii) of this paragraph.

  (4) "Tort claim" means a tort claim filed in State court against a sheriff, a deputy sheriff, or the State claiming tortious conduct by a sheriff or a deputy sheriff arising out of activities related to the performance of a law enforcement function or a detention center function.

(b)

  (1) A tort claim shall be considered defended, settled, and paid in the same manner as any other claim filed against a county.

  (2)

    (i) The State is the proper defendant in a tort claim.

    (ii) The county may not be named as a defendant in a tort claim.

(c) Liability for a tort claim may not exceed the State's waiver of immunity under Sec. 12-104 of this subtitle.

(d)

  (1) The State Treasurer is not liable under Sec. 9-107 of the State Finance and Procurement Article for a tort claim.

  (2) The duties, responsibilities, and liabilities of the State under this subtitle for a tort claim shall be assumed by the applicable county.

#### Section 12-104

(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)

    (i) Except as provided in subparagraphs (ii) and (iii) of this paragraph, 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.

    (ii) If liability of the State or its units arises from intentional tortious acts or omissions or a violation of a constitutional right committed by a law enforcement officer, the following limits on liability shall apply:

      (1) subject to item 2 of this subparagraph, the combined award for both economic and noneconomic damages may not exceed a total of $890,000 for all claims arising out of the same incident or occurrence, regardless of the number of claimants or beneficiaries who share in the award; and

      (2) in a wrongful death action in which there are two or more claimants or beneficiaries, an award for noneconomic damages may not exceed 150% of the limitation established under item 1 of this subparagraph, regardless of the number of claimants or beneficiaries who share in the award.

    (iii) If liability of the State or its units arises under one or more claims of sexual abuse, as defined in Sec. 5-117 of the Courts Article, that occurred when the claimant was a minor:

      (1) except as provided in item 2 of this paragraph, the liability may not exceed $890,000 to a single claimant for injuries arising from the claim or claims; and

      (2) for an action filed on or after June 1, 2025, that would have been barred by a time limitation before October 1, 2023, the liability may not exceed $400,000 to a single claimant for injuries arising from the claim or claims.

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

(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.

#### Section 12-105

State personnel shall have the immunity from liability described under Sec. 5-522(b) of the Courts and Judicial Proceedings Article.

#### Section 12-106

(a) This section does not apply to a claim that is:

  (1) asserted by cross-claim, counterclaim, or third-party claim; or

  (2) brought under Sec. 5-117 of the Courts Article.

(b) 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)

  (1) 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.

  (2) Subsection (b)(1) and (2) of this section does not apply if, within 1 year after the injury to person or property that is the basis of the claim, the State has actual or constructive notice of:

    (i) the claimant's injury; or

    (ii) the defect or circumstances giving rise to the claimant's injury.

#### Section 12-107

(a) A claim under this subtitle shall:

  (1) contain a concise statement of facts that sets forth the nature of the claim, including the date and place of the alleged tort;

  (2) demand specific damages;

  (3) state the name and address of each party;

  (4) state the name, address, and telephone number of counsel for the claimant, if any; and

  (5) be signed by the claimant, or the legal representative or counsel for the claimant.

(b) The Treasurer may:

  (1) consider a claim for money damages under this subtitle or delegate wholly or partly this responsibility to other State personnel; and

  (2) contract for any support services that are needed to carry out this responsibility properly.

(c)

  (1) In this section, "structured settlement" means a plan for the payment of a settlement or judgment to a claimant for damages in periodic installments.

  (2) Unless a contract with a private insurer provides otherwise, the Treasurer or designee may compromise and settle a claim for money damages after the Treasurer or designee consults with the Attorney General.

  (3) The State may enter into a structured settlement to the extent permitted in Sec. 12-104(a)(2) of this subtitle.

  (4) If a structured settlement is entered into, the State and the claimant shall select the investment company by mutual agreement.

  (5) The acceptance of a settlement by a claimant is, as to that claimant:

    (i) final; and

    (ii) a complete release of each claim arising from the same cause of action against:

      (1) the State;

      (2) each of its units; and

      (3) all State personnel.

(d) A claim under this subtitle is denied finally:

  (1) if the Treasurer or designee sends the claimant, or the legal representative or counsel for the claimant written notice of denial by:

    (i) e-mail; or

    (ii) regular mail, if regular mail is the only available means of notifying the claimant; or

  (2) if the Treasurer or designee fails to give notice of a final decision within 6 months after the filing of the claim.

#### Section 12-108

(a) In an action under this subtitle, service of the complaint and accompanying documents is sufficient only if made on the Treasurer.

(b) Unless full representation is provided under a contract of insurance, the Attorney General shall defend an action under this subtitle against the State or any of its units.

#### Section 12-109

Counsel may not charge or receive fees that exceed:

(1) 20% of a settlement made under this subtitle; or

(2) 25% of a judgment made under this subtitle.

#### Section 12-110

This subtitle may be cited as the "Maryland Tort Claims Act".

---

Md. Code Ann., State Gov't (as displayed at mgaleg.maryland.gov, October 16, 2026)