Maine Judiciary Committee Hears Competing Proposals to Raise Tort Claims Damage Caps; Field-trip bill draws personal testimony

Senators and representatives on the Joint Standing Committee on the Judiciary heard hours of testimony on two related bills that would raise statutory damage limits under the Maine Tort Claims Act. Senator Mark Lawrence presented both LD 13 47, which would raise the general per-incident cap from $400,000 to $1,250,000, and LD 13 48, which would create a higher $5,000,000 cap specifically for deaths and catastrophic injuries arising from school field trips.

Why it matters: The Maine Tort Claims Act (MTCA) limits the state’s and local governments’ liability for many civil claims. Supporters of the bills say the current caps, unchanged since 1999, leave victims of catastrophic municipal negligence — including families of students harmed on field trips — without adequate compensation. Opponents say higher caps could increase school and municipal insurance premiums, strain local budgets, and reduce access to experiential education.

Senator Mark Lawrence, sponsor: “Schools must never needlessly endanger students on school field trips,” Lawrence told the committee, describing the bills as narrowly targeted attempts to allow jury trials and full compensation where municipal negligence causes serious…