When an individual suffers injuries because of poorly maintained property or land, they may be able to recover against the negligent land or property owner. However, Maine injury victims often face challenges when the incident occurs on public or government land or because of the negligence of a governmental entity or employee. The Maine Tort Claims Act (MTCA) provides municipalities and governmental entities with immunity for negligent acts. While the MTCA provides barriers to recovery, the government may still be liable for bodily injury and property damage in situations involving negligent ownership, maintenance or use of government vehicles, machinery, and equipment or roadways. Further, they may be responsible for injuries occurring at public buildings, such as public schools, parks, and courthouses.
While the MTCA provides broad immunity to governmental entities, the statute also includes exceptions to governmental immunity. Two critical road-related exceptions include:
- Negligence during road construction, cleaning, and repair; and