Current law allows a person to bring a civil action under the highway laws against a town or county for damages incurred as a result of a defect, failure to repair or lack of sufficient railing on a highway or sidewalk, among other areas, as long as the town or county had notice of the defect or omission. A town's liability is limited to $6,000.

However, under the Maine Tort Claims Act, government entities are exempt from liability for any defect, lack of repair or lack of sufficient railing in any highway or sidewalk, among other areas, unless the area was under construction, street cleaning or repair.

This bill reconciles the 2 laws by removing the exemption under the Maine Tort Claims Act, thus making government entities liable for defects, lack of repair or lack of sufficient railing.