Me. Rev. Stat. » Title 14
Maine Revised Statutes

Me. Rev. Stat. tit. 14, § 8104-A (2026)

Exceptions to immunity

✓ current as of May 2026
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Except as specified in section 8104‑B, a governmental entity is liable for property damage, bodily injury or death in the following instances.   [PL 1987, c. 740, §4 (NEW).]
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;   [PL 1995, c. 65, Pt. A, §43 (AMD); PL 1995, c. 65, Pt. A, §153 (AFF); PL 1995, c. 65, Pt. C, §15 (AFF).]
B. Special mobile equipment, as defined in Title 29‑A, section 101, subsection 70;   [PL 1995, c. 65, Pt. A, §43 (AMD); PL 1995, c. 65, Pt. A, §153 (AFF); PL 1995, c. 65, Pt. C, §15 (AFF).]
C. Trailers, as defined in Title 29‑A, section 101, subsection 86;   [PL 1995, c. 65, Pt. A, §43 (AMD); PL 1995, c. 65, Pt. A, §153 (AFF); PL 1995, c. 65, Pt. C, §15 (AFF).]
D. Aircraft, as defined in Title 6, section 3, subsection 5;   [PL 1987, c. 740, §4 (NEW).]
E. Watercraft, as defined in Title 12, section 1872, subsection 14;   [PL 1997, c. 678, §18 (AMD).]
F. Snowmobiles, as defined in Title 12, section 13001, subsection 25; and   [PL 2003, c. 414, Pt. B, §27 (AMD); PL 2003, c. 614, §9 (AFF).]
G. Other machinery or equipment, whether mobile or stationary.   [PL 1987, c. 740, §4 (NEW).]
The provisions of this section do not apply to the sales of motor vehicles and equipment at auction by a governmental entity.  
[PL 2003, c. 414, Pt. B, §27 (AMD); PL 2003, c. 614, §9 (AFF).]
2.  Public buildings.  A governmental entity is liable for its negligent acts or omissions in the construction, operation or maintenance of any public building or the appurtenances to any public building. Notwithstanding this subsection, a governmental entity is not liable for any claim which results from:  
A. The construction, ownership, maintenance or use of:  
(1) Unimproved land;  
(2) Historic sites, including, but not limited to, memorials, as defined in Title 12, section 1801, subsection 5;  
(3) Land, buildings, structures, facilities or equipment designed for use primarily by the public in connection with public outdoor recreation; or  
(4) Dams;   [PL 1997, c. 678, §19 (AMD).]
B. The ownership, maintenance or use of any building acquired by a governmental entity for reasons of tax delinquency, from the date of foreclosure and until actual possession by the delinquent taxpayer or the taxpayer's lessee or licensee has ceased for a period of 60 days; or   [PL 1987, c. 740, §4 (NEW).]
C. The ownership, maintenance or use of any building acquired by a governmental entity by eminent domain or by condemnation until actual possession by the former owner or the owner's lessee or licensee has ceased for a period of 60 days;   [PL 1987, c. 740, §4 (NEW).]
[PL 1997, c. 678, §19 (AMD).]
3.  Discharge of pollutants.  A governmental entity is liable for its negligent acts or omissions in the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalines, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any water course or body of water, but only to the extent that the discharge, dispersal, release or escape complained of is sudden and accidental.  
[PL 1987, c. 740, §4 (NEW).]
4.  Road construction, street cleaning or repair.  A governmental entity is liable for its negligent acts or omissions arising out of and occurring during the performance of construction, street cleaning or repair operations on any highway, town way, sidewalk, parking area, causeway, bridge, airport runway or taxiway, including appurtenances necessary for the control of those ways including, but not limited to, street signs, traffic lights, parking meters and guardrails. A governmental entity is not liable for any defect, lack of repair or lack of sufficient railing in any highway, town way, sidewalk, parking area, causeway, bridge, airport runway or taxiway or in any appurtenance thereto.  
[PL 1987, c. 740, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 740, §4 (NEW). PL 1995, c. 65, §A43 (AMD). PL 1995, c. 65, §§A153,C15 (AFF). PL 1995, c. 630, §1 (AMD). PL 1997, c. 678, §§18,19 (AMD). PL 2003, c. 414, §B27 (AMD). PL 2003, c. 414, §D7 (AFF). PL 2003, c. 614, §9 (AFF).
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Notes of Decisions
Cited in 98 cases (17 in the last 5 years), 1989–2026 · leading case: Searle v. Town of Bucksport, 2010 ME 89 (Me. 2010).
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Searle v. Town of Bucksport, 2010 ME 89 (Me. 2010). · cites it 38× “) in favor *393 of the Town of Bucksport and the Bucksport School Department on his complaint asserting negligent maintenance of the visitors' bleachers at the Bucksport High School football field. Searle contends that the Superior Court erred in holding that the bleachers are…”
Reid v. Town of Mount Vernon, 2007 ME 125 (Me. 2007). · cites it 16× “[¶ 11] Priscilla Reid filed a complaint against the Town, Waste Management, and Clayton Reid, alleging that all three had negligently caused her husband's death.”
Est. of Fortier v. City of Lewiston, 2010 ME 50 (Me. 2010). · cites it 21× “Exceptions to the general rule are set out in 14 M.R.S. § 8104-A. The exception at issue here provides that: Except as specified in section 8104-B, a governmental entity is liable for property damage, bodily injury or death in the following instances.”
Tolliver v. Dep't of Transp., 2008 ME 83 (Me. 2008). · cites it 8× “2d at 931 ; 14 M.R.S. § 8104-A(1)(A). We disagreed, stating that " section 8104-B(3) provides a governmental entity with discretionary function immunity despite section 8104-A " Norton, 2003 ME 118, ¶ 11 , 834 A.”
Lightfoot v. Sch. Admin. Dist. No. 35, 2003 ME 24 (Me. 2003). · cites it 3× “She contends that allowing running drills in the High School constitutes the operation of a public building and, pursuant to 14 M.R.S.A. § 8104-A(2) (Pamph.2002) of the Maine Tort Claims Act, S.”
Norton v. Hall, 2003 ME 118 (Me. 2003). · cites it 4× “" 14 M.R.S.A. § 8104-A(1)(A) (2003). Because the deaths in this case resulted from Hall's operation of a police cruiser, the Nortons contend they are entitled to recover.”
Karen S. Klein v. Univ. of Maine Sys., 2022 ME 17 (Me. 2022). · cites it 6× “Klein contends that the court erred in determining that the parking lot was not an appurtenance to a public building as that term is used in 14 M.R.S. § 8104-A(2) (2021) of the Maine Tort Claims Act (MTCA) and, therefore, that no exception to the immunity conferred on…”
Rodriguez v. Town of Moose River, 922 A.2d 484 (Me. 2007). · cites it 3× “Thus, the court found that Bell’s residence was not a “public building” pursuant to the immunity exception of the MTCA, 14 M.R.S. § 8104-A(2). [¶ 15] Bell filed her appeal of the denial of her motion for summary judgment.”
Thompson v. Dep't of Inland Fisheries & Wildlife, 2002 ME 78 (Me. 2002). · cites it 3× “14 M.R.S.A. § 8104-A(1) (Supp.2001). 2 In interpreting exceptions to immunity, “we start from the premise that immunity is the rule and exceptions to immunity are to be strictly construed.”
New Orleans Tanker Corp. v. Dep't of Transp., 1999 ME 67 (Me. 1999). · cites it 3× “New Orleans contends that the court erred because its claim against the DOT for the negligent operation of the bridge leaf machinery on the Portland-South Portland Bridge (Million Dollar Bridge) falls within a statutory exception, 14 M.R.S.A. § 8104-A, to general governmental…”
Day's Auto Body, Inc. v. Town of Medway, 2016 ME 121 (Me. 2016). · cites it 2× “See 14 M.R.S. § 8104-A(1). The court also determined that the Town is entitled to discretionary function immunity pursuant to 14 M.”
Robin McDonald v. City of Portland, 2020 ME 119 (Me. 2020). · cites it 3× “Because the plaza where he fell is an appurtenance to a public building within the meaning of the Maine Tort Claims Act, 14 M.R.S. § 8104-A(2) (2020), we affirm. I.”
Show all 98 citing cases →
— Me. Rev. Stat. tit. 14, § 8104-A(1) — 10 cases
Day's Auto Body, Inc. v. Town of Medway, 2016 ME 121 (Me. 2016). “See 14 M.R.S. § 8104-A(1). The court also determined that the Town is entitled to discretionary function immunity pursuant to 14 M.”
Est. of Fortier v. City of Lewiston, 2010 ME 50 (Me. 2010). “Exceptions to the general rule are set out in 14 M.R.S. § 8104-A. The exception at issue here provides that: Except as specified in section 8104-B, a governmental entity is liable for property damage, bodily injury or death in the following instances.”
Thompson v. Dep't of Inland Fisheries & Wildlife, 2002 ME 78 (Me. 2002). “14 M.R.S.A. § 8104-A(1) (Supp.2001). 2 In interpreting exceptions to immunity, “we start from the premise that immunity is the rule and exceptions to immunity are to be strictly construed.”
Fortin v. Titcomb, 671 F.3d 63 (1st Cir. 2012).
Eric Badler v. Univ. of Maine Sys., 2022 ME 40 (Me. 2022).
— Me. Rev. Stat. tit. 14, § 8104-A(1)(A) — 8 cases
Norton v. Hall, 2003 ME 118 (Me. 2003). “" 14 M.R.S.A. § 8104-A(1)(A) (2003). Because the deaths in this case resulted from Hall's operation of a police cruiser, the Nortons contend they are entitled to recover.”
Tolliver v. Dep't of Transp., 2008 ME 83 (Me. 2008). “2d at 931 ; 14 M.R.S. § 8104-A(1)(A). We disagreed, stating that " section 8104-B(3) provides a governmental entity with discretionary function immunity despite section 8104-A " Norton, 2003 ME 118, ¶ 11 , 834 A.”
Reid v. Town of Mount Vernon, 2007 ME 125 (Me. 2007). “[¶ 11] Priscilla Reid filed a complaint against the Town, Waste Management, and Clayton Reid, alleging that all three had negligently caused her husband's death.”
Est. of Fortier v. City of Lewiston, 2010 ME 50 (Me. 2010). “Exceptions to the general rule are set out in 14 M.R.S. § 8104-A. The exception at issue here provides that: Except as specified in section 8104-B, a governmental entity is liable for property damage, bodily injury or death in the following instances.”
Ms. K Ex Rel. S.B. v. City of South Portland, 407 F. Supp. 2d 290 (D. Me. 2006).
— Me. Rev. Stat. tit. 14, § 8104-A(1)(B) — 1 case
Eric Badler v. Univ. of Maine Sys., 2022 ME 40 (Me. 2022).
— Me. Rev. Stat. tit. 14, § 8104-A(1)(D) — 1 case
Est. of Fortier v. City of Lewiston, 2010 ME 50 (Me. 2010). “Exceptions to the general rule are set out in 14 M.R.S. § 8104-A. The exception at issue here provides that: Except as specified in section 8104-B, a governmental entity is liable for property damage, bodily injury or death in the following instances.”
— Me. Rev. Stat. tit. 14, § 8104-A(1)(G) — 7 cases
Reid v. Town of Mount Vernon, 2007 ME 125 (Me. 2007). “[¶ 11] Priscilla Reid filed a complaint against the Town, Waste Management, and Clayton Reid, alleging that all three had negligently caused her husband's death.”
New Orleans Tanker Corp. v. Dep't of Transp., 1999 ME 67 (Me. 1999). “New Orleans contends that the court erred because its claim against the DOT for the negligent operation of the bridge leaf machinery on the Portland-South Portland Bridge (Million Dollar Bridge) falls within a statutory exception, 14 M.R.S.A. § 8104-A, to general governmental…”
Peters v. City of Westbrook, 2001 ME 179 (Me. 2001).
Eric Badler v. Univ. of Maine Sys., 2022 ME 40 (Me. 2022).
J.R.M., Inc. v. City of Portland, 669 A.2d 159 (Me. 1995).
— Me. Rev. Stat. tit. 14, § 8104-A(2) — 33 cases
Searle v. Town of Bucksport, 2010 ME 89 (Me. 2010). “) in favor *393 of the Town of Bucksport and the Bucksport School Department on his complaint asserting negligent maintenance of the visitors' bleachers at the Bucksport High School football field. Searle contends that the Superior Court erred in holding that the bleachers are…”
Reid v. Town of Mount Vernon, 2007 ME 125 (Me. 2007). “[¶ 11] Priscilla Reid filed a complaint against the Town, Waste Management, and Clayton Reid, alleging that all three had negligently caused her husband's death.”
Lightfoot v. Sch. Admin. Dist. No. 35, 2003 ME 24 (Me. 2003). “She contends that allowing running drills in the High School constitutes the operation of a public building and, pursuant to 14 M.R.S.A. § 8104-A(2) (Pamph.2002) of the Maine Tort Claims Act, S.”
Karen S. Klein v. Univ. of Maine Sys., 2022 ME 17 (Me. 2022). “Klein contends that the court erred in determining that the parking lot was not an appurtenance to a public building as that term is used in 14 M.R.S. § 8104-A(2) (2021) of the Maine Tort Claims Act (MTCA) and, therefore, that no exception to the immunity conferred on…”
Robin McDonald v. City of Portland, 2020 ME 119 (Me. 2020). “Because the plaza where he fell is an appurtenance to a public building within the meaning of the Maine Tort Claims Act, 14 M.R.S. § 8104-A(2) (2020), we affirm. I.”
— Me. Rev. Stat. tit. 14, § 8104-A(2)(2006) — 1 case
Reid v. Town of Mount Vernon, 2007 ME 125 (Me. 2007). “[¶ 11] Priscilla Reid filed a complaint against the Town, Waste Management, and Clayton Reid, alleging that all three had negligently caused her husband's death.”
— Me. Rev. Stat. tit. 14, § 8104-A(2)(A) — 1 case
Rodriguez v. Town of Moose River, 922 A.2d 484 (Me. 2007). “Thus, the court found that Bell’s residence was not a “public building” pursuant to the immunity exception of the MTCA, 14 M.R.S. § 8104-A(2). [¶ 15] Bell filed her appeal of the denial of her motion for summary judgment.”
— Me. Rev. Stat. tit. 14, § 8104-A(2)(A)(3) — 2 cases
Searle v. Town of Bucksport, 2010 ME 89 (Me. 2010). “) in favor *393 of the Town of Bucksport and the Bucksport School Department on his complaint asserting negligent maintenance of the visitors' bleachers at the Bucksport High School football field. Searle contends that the Superior Court erred in holding that the bleachers are…”
Noel v. Town of Ogunquit, 555 A.2d 1054 (Me. 1989).
— Me. Rev. Stat. tit. 14, § 8104-A(2)(A)(4) — 1 case
Heber v. Lucerne-In-Maine Vill. Corp., 2000 ME 137 (Me. 2000).
— Me. Rev. Stat. tit. 14, § 8104-A(2)(B) — 1 case
Guidi v. Town of Turner, 2004 ME 42 (Me. 2004).
— Me. Rev. Stat. tit. 14, § 8104-A(3) — 3 cases
Perry v. Dean (Me. Super. Ct 2017).
Marrett v. Caribou Utils. Dist. (D. Me. 2024).
Simpson v. Cumberland Cnty. (Me. Super. Ct 2009).
— Me. Rev. Stat. tit. 14, § 8104-A(4) — 15 cases
Tolliver v. Dep't of Transp., 2008 ME 83 (Me. 2008). “2d at 931 ; 14 M.R.S. § 8104-A(1)(A). We disagreed, stating that " section 8104-B(3) provides a governmental entity with discretionary function immunity despite section 8104-A " Norton, 2003 ME 118, ¶ 11 , 834 A.”
Dubail v. Dep't of Transp., 1998 ME 126 (Me. 1998).
Kitchen v. City of Calais, 666 A.2d 77 (Me. 1995).
Donovan v. City of Portland, 850 A.2d 319 (Me. 2004).
Jorgensen v. Dep't of Transp., 2009 ME 42 (Me. 2009).
— Me. Rev. Stat. tit. 14, § 8104-A(4)(2003) — 1 case
Rice v. City of Biddeford, 861 A.2d 668 (Me. 2004).
— Me. Rev. Stat. tit. 14, § 8104-A(l) — 4 cases
Thompson v. Dep't of Inland Fisheries & Wildlife, 2002 ME 78 (Me. 2002). “14 M.R.S.A. § 8104-A(1) (Supp.2001). 2 In interpreting exceptions to immunity, “we start from the premise that immunity is the rule and exceptions to immunity are to be strictly construed.”
Bolstridge v. State of Maine Dep't of Transp. (Me. Super. Ct 2016).
Connolly v. Ehlermann & Sch. Union 122 (Me. Super. Ct 2020).
Carey v. Town of Rumford (Me. Super. Ct 2022).
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