An Act to Increase the Limit on Damages Under the Maine Tort Claims Act for Negligence Involving School Field Trips
LD 1348 amends the Maine Tort Claims Act to create a special damages cap for negligence involving school field trips. Under current law, damages against a governmental entity or its employees generally may not exceed $400,000 for claims arising out of a single occurrence. This bill would add an exception for negligent acts or omissions in the planning, transportation, administration, supervision, or execution of a school field trip, raising the cap to $5,000,000 for claims arising from a single occurrence.
The bill also defines “field trip” as an off-campus trip by an elementary or secondary school for educational or recreational purposes, while excluding sporting, extracurricular, club, or other activities that involve an inherent risk of physical injury. In practical terms, the measure would substantially increase the potential financial exposure of school districts and other governmental entities for field-trip-related negligence claims, while leaving the general tort claims cap in place for other governmental liability claims.
This bill would amend the Maine Tort Claims Act by carving out a new, higher damages limit specifically for school field trip negligence claims. It would not eliminate governmental immunity, but it would significantly expand the maximum recoverable damages in this narrow category from $400,000 to $5,000,000 per occurrence. The affected parties would primarily be public schools, school administrative units, and other governmental entities involved in organizing or supervising field trips, as well as plaintiffs injured by alleged negligence in those activities.
Based on the bill text and the absence of recorded committee testimony or votes, the available record does not show a documented debate or formal sentiment from lawmakers. The bill’s framing suggests a policy response aimed at increasing accountability and compensation for injuries tied to school-sponsored trips, but there is no direct evidence in the provided materials of support or opposition. Because no votes or transcripts are included, the overall sentiment cannot be reliably characterized beyond the bill’s apparent remedial purpose.
The main point of contention is likely the large increase in the damages cap for a single category of governmental negligence, which could raise liability exposure and insurance costs for school systems and municipalities. Supporters would likely argue that school field trips present unique risks and that the higher cap is needed to ensure adequate compensation when negligence causes serious harm. Opponents would likely focus on the disparity between this new $5,000,000 cap and the existing $400,000 general cap, as well as concerns about fiscal impact, insurance premiums, and whether field-trip claims should be treated differently from other governmental negligence claims.