A new law passed by the Maine Legislature goes into effect on January 1, 2020. Under the Maine Tort Claims Act, Title 14. § 8101, et seq., within 365 days after any tort claims or cause of action arising under the Maine Tort Claims Act, a claimant must send a written notice to the municipality. Formerly, notice had to be filed within 180 days. The notice must contain the name and address of the claimant and claimant’s attorney, if any; a precise statement of the basis for the claim and the circumstances; identifying information about the governmental employee involved; and a statement regarding the extent and nature of injury and monetary damages. There is an exception if the claimant is able to show good cause why the notice could not reasonably have been filed within the 365-day limit.
The Maine Tort Claims Act provides immunity to municipalities except in specific situations outlined in the statute. The areas for which a municipality is responsible include ownership, maintenance or use of vehicles; construction, operation or maintenance of buildings or the appurtenances to any public buildings; the discharge of pollutants; and, during the active performance of construction, street cleaning or repair operations on a road. There are specific exceptions under the Act, depending on the circumstances.
While formerly a municipality was in the clear if a notice was not received within 180 days, now it must wait a full year.
