Compliance and Ethics
Mississippi Tort Claims Act
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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 (鈥淢TCA鈥�).
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 鈥渢orts鈥�.
Liability Limits
The MTCA limits the University鈥檚 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鈥檚 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鈥檚 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