An Act Concerning Tort Claims and Governmental Entities
Maine Legislature, Session 125, LD 1256
Committee: Judiciary
Sponsors: BARTLETT
Amends: 14 MRSA §8104-A

Legislative Document 
No. 1256 
S.P. 377 
In Senate, March 22, 2011 
An Act Concerning Tort Claims and Governmental Entities 
Reference to the Committee on Judiciary suggested and ordered printed. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator BARTLETT of Cumberland. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  14 MRSA §8104-A, sub-§1, as amended by PL 2003, c. 414, Pt. B, §27 
and affected by c. 614, §9, is further amended to read: 
1.  Ownership; maintenance or use of vehicles, machinery and equipment.  A 
governmental entity is liable for its negligent acts or omissions in its ownership, 
maintenance or use of any: 
A.  Motor vehicle, as defined in Title 29-A, section 101, subsection 42; 
B.  Special mobile equipment, as defined in Title 29-A, section 101, subsection 70; 
C.  Trailers, as defined in Title 29-A, section 101, subsection 86; 
D.  Aircraft, as defined in Title 6, section 3, subsection 5; 
E.  Watercraft, as defined in Title 12, section 1872, subsection 14; 
F.  Snowmobiles, as defined in Title 12, section 13001, subsection 25; and 
G.  Other machinery or equipment, whether mobile or stationary. 
The provisions of this section do not apply to the sales of motor vehicles and equipment 
at auction by a governmental entity. 
For purposes of this subsection, "use" means employed by the governmental entity for its 
purposes or in connection with its activities.  A governmental entity is liable for its 
negligent acts or omissions in connection with such use regardless of whether its 
employee is operating the vehicle, machinery or equipment at the time of the occurrence 
causing property damage or bodily injury, but a governmental entity is not liable for the 
negligence of any nongovernmental person or entity in connection with such use.  A 
governmental entity may be jointly and severally liable with a nongovernmental person or 
entity only if the negligent acts or omissions of the governmental entity were a cause of 
the property damage or bodily injury. 
SUMMARY 
This bill amends the Maine Tort Claims Act to clarify the liability of a governmental 
entity for its negligent acts and omissions in the use of equipment, vehicles and 
machinery.  "Use" is defined as being employed by the governmental entity for its 
purposes or in connection with its activities. 
The bill imposes liability for the governmental entity's negligent acts or omissions 
regardless of whether an employee of the governmental entity is operating the vehicle, 
machinery or equipment at the time of the occurrence causing property damage or bodily 
injury.  The governmental entity is not, however, liable for the negligence of any 
nongovernmental person or entity in the connection with the use of the vehicle, 
machinery or equipment. 
The bill provides that a governmental entity may be jointly and severally liable with a 
nongovernmental person or entity, but only if the negligent acts or omissions of the 
governmental entity were a cause of the property damage or bodily injury.