LD 492
PUBLIC Law, Chapter 214

on - Session - 129th Maine Legislature
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An Act To Extend from 6 Months to One Year the Notice Period Required under the Maine Tort Claims Act

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 14 MRSA §8107, sub-§1,  as amended by PL 1989, c. 327, is further amended to read:

1. Notice requirements for filing.   Within 180 365 days after any claim or cause of action permitted by this chapter accrues, or at a later time within the limits of section 8110, when a claimant shows good cause why notice could not have reasonably been filed within the 180-day 365-day limit, a claimant or a claimant's personal representative or attorney shall file a written notice containing:
A.  The name and address of the claimant, and the name and address of the claimant's attorney or other representative, if any;
B.  A concise statement of the basis of the claim, including the date, time, place and circumstances of the act, omission or occurrence complained of;
C.  The name and address of any governmental employee involved, if known;
D.  A concise statement of the nature and extent of the injury claimed to have been suffered; and
E.  A statement of the amount of monetary damages claimed.

Sec. 2. 14 MRSA §8107, sub-§2,  as amended by PL 2001, c. 249, §1, is further amended to read:

2. Incapacity.   If the claimant is incapacitated and thereby prevented from presenting and filing the claim within the time prescribed or if the claimant is a minor, the claim may be presented and filed on behalf of the claimant by any relative, attorney or agent representing the claimant. If the claimant is a minor when the cause of action accrues, the notice may be presented within 180 365 days of the minor's attaining 18 years of age.

Sec. 3. Application. This Act applies only to causes of action that accrue on or after January 1, 2020.

Effective 90 days following adjournment of the 129th Legislature, First Regular Session, unless otherwise indicated.

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