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<section article="gsg" article_name="State Government" number="12-104" title_number="12" title_name="Immunity and Liability" subtitle_number="1" subtitle_name="Maryland Tort Claims Act">
  <level label="a">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <level label="i">
        <text>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.</text>
      </level>
      <level label="ii">
        <text>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:</text>
        <level label="1">
          <text>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</text>
        </level>
        <level label="2">
          <text>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.</text>
        </level>
      </level>
      <level label="iii">
        <text>If liability of the State or its units arises under one or more claims of sexual abuse, as defined in § 5–117 of the Courts Article, that occurred when the claimant was a minor:</text>
        <level label="1">
          <text>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</text>
        </level>
        <level label="2">
          <text>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.</text>
        </level>
      </level>
    </level>
  </level>
  <level label="b">
    <text>Immunity is not waived under this section as described under § 5–522(a) of the Courts and Judicial Proceedings Article.</text>
  </level>
  <level label="c">
    <level label="1">
      <text>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:</text>
      <level label="i">
        <text>the tort claim is one for which the State and its units have waived immunity under subsections (a) and (b) of this section;</text>
      </level>
      <level label="ii">
        <text>a judgment or settlement has been entered granting the claimant damages to the full amount established under subsection (a)(2) of this section; and</text>
      </level>
      <level label="iii">
        <text>the Board of Public Works, with the advice and counsel of the Attorney General, has approved the payment.</text>
      </level>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
  </level>
</section>
