Local Government Tort Claims Act - Cambridge Waterfront Development, Inc.
Impact
The legislative change specifically impacts the requirements for bringing tort claims against the newly included Cambridge Waterfront Development, Inc. Under the current act, claimants must provide notice of a claim within a year after the injury. However, the bill stipulates that this notice requirement does not apply when pursuing actions for unliquidated damages against the organization or its employees. This adjustment could facilitate tort claims from individuals and entities that may have previously faced challenges in notifying the development authority of their claims.
Summary
House Bill 194, titled the Local Government Tort Claims Act – Cambridge Waterfront Development, Inc., aims to modify the current framework of the Local Government Tort Claims Act in Maryland. Specifically, the bill seeks to redefine 'local government' to include the Cambridge Waterfront Development, Inc. as a nonprofit corporation serving economic development in the Cambridge and Dorchester County regions. This inclusion allows for specific legal protections and stipulations concerning tort claims against this organization, thereby impacting how claims can be pursued in these jurisdictions.
Contention
As discussions around HB 194 unfolded, some lawmakers expressed concern over the implications of exempting Cambridge Waterfront Development from certain legal liabilities. Critics highlighted that without the notice requirement, there could be an increase in frivolous lawsuits, posing potential burdens on the organization and taxpayer-funded resources. Conversely, supporters argued that facilitating litigation in this context would enhance transparency and accountability for development actions that affect local communities.