Maine Revised Statutes Title 25 Sec. 2930 – Immunity
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1. Governmental entity. Subject to all the limitations and exceptions provided under the Maine Tort Claims Act, Title 14, chapter 741, a government entity is immune from tort liability for property damages, bodily injury or death resulting from acts or omissions occurring in developing, establishing, implementing, maintaining or operating the E-9-1-1 system.
[PL 1997, c. 291, §3 (NEW).]
Terms Used In Maine Revised Statutes Title 25 Sec. 2930
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Local exchange carrier: means any person that is engaged in:
A. See Maine Revised Statutes Title 25 Sec. 2921Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident. United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
2. Telecommunications providers. A telecommunications provider assisting in the implementation and operation of the statewide E-9-1-1 system, including, but not limited to, the development, establishment and maintenance of the E-9-1-1 system, is subject to tort liability:
A. For property damages, bodily injury or death resulting from any defect in the E-9-1-1 system or inadequacy in the provision of E-9-1-1 service caused by the telecommunications provider’s negligent acts or omissions in developing, establishing, implementing, maintaining or operating the E-9-1-1 system, up to a maximum amount for any and all claims arising out of a single occurrence not to exceed $300,000 or the dollar amount that appears in Title 14, section 8105, subsection 1, whichever is greater; and [PL 1999, c. 209, §1 (NEW).]
B. For property damages, bodily injury or death resulting from any defect in the E-9-1-1 system or inadequacy in the provision of E-9-1-1 service caused by the telecommunications provider’s intentional, willful or reckless acts or omissions in developing, establishing, implementing, maintaining or operating the E-9-1-1 system, without limitation on the amount. [PL 1999, c. 209, §1 (NEW).]
For purposes of this subsection, the term “telecommunications provider” means a local exchange carrier, a commercial mobile service provider, as defined in 47 United States Code § 332(d), or an interconnected voice over Internet protocol service provider; an employee of a local exchange carrier, commercial mobile service provider or interconnected voice over Internet protocol service provider acting within the scope of the employee’s employment; or an agent of a local exchange carrier, commercial mobile service provider or interconnected voice over Internet protocol service provider acting within the scope of the agent’s agency.
For purposes of this subsection, the term “E-9-1-1 system” includes, but is not limited to, the networks, databases and call processing services necessary to provide enhanced 9-1-1 services or enhanced 9-1-1 access-only services in accordance with this chapter and rules adopted under this chapter.
[PL 2007, c. 504, §1 (AMD).]
SECTION HISTORY
PL 1997, c. 291, §3 (NEW). PL 1999, c. 209, §1 (AMD). PL 2007, c. 68, §10 (AMD). PL 2007, c. 504, §1 (AMD).