§ 14 §8104-A — Exceptions to immunity

Except as specified in section 8104‑B, a governmental entity is liable for property damage, bodily injury or death in the following instances.
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:
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:
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.
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.

Legislative 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).