Mississippi Tort Claims Act

Background

Historically, the state and its agencies were protected from tort liability under the doctrine of sovereign immunity. The state waived its sovereign immunity, however, for some tort claims when it adopted the Mississippi Tort Claims Act (“MTCA”). 

Definitions

Torts- Injuries caused by the negligence of another or by another persons breach of some legal duty are generally referred to in legal terms as “torts”.

Liability Limits

The MTCA limits the University’s liability for injuries caused by an act or omission of the University or its employees to $500,000.

Employee Personal Liability Limitation

The MTCA also protects the University employees from personal liability from the employee’s acts of negligence which occur during the course and scope of his or her employment.

Exceptions to Employee Personal Liability Limitation

However, the protections and coverage afforded University employees under the MTCA do not include those acts occurring outside the course and scope of his or her employment including but not limited to conduct that constitutes fraud, malice, libel, slander, defamation, or any criminal offense. 

Employee Legal Representation

While an employee may be named as a defendant in an action against the University for an act by employee occurring in the scope and course of the employee’s employment, the University will provide the employee, in either state of the federal court, with legal representation at no cost to the employee.

Obtaining Self-Insurance Verification

A Tort Claims Certificate verifying that we are self-insured under the Mississippi Tort Claims Act (MTCA) is available by emailing generalcounselFREEMississippi%C2%A0