Terms Used In Louisiana Revised Statutes 39:1538

  • Claims: refers to only those claims covered by the Self-Insurance Fund in accordance with this Chapter. See Louisiana Revised Statutes 39:1527
  • Commissioner: means the commissioner of administration or his duly authorized designee. See Louisiana Revised Statutes 39:1527
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.

            A. Claims against the state or any of its agencies to recover damages in tort for money damages against the state or its agencies for injury or loss of property, personal injury, or death caused by the negligent or wrongful act or omission of any employee of the agency while acting within the scope of his office or employment under circumstances in which the state or such agency, if a private person, would be liable to the claimant in accordance with the general laws of this state, may be prosecuted in accordance with the provisions specified in this Chapter. However, immunity for discretionary acts of executive, legislative, and judicial officers within the scope of their legally defined powers shall not be abridged.

            B. The state and its agencies shall be liable for claims in the same manner and to the same extent as a private individual under like circumstances.

            C. A judgment may be settled in accordance with La. Rev. Stat. 39:1535(B)(6).

            D. In actions brought pursuant to this Section, process shall be served upon the head of the department concerned, the office of risk management, and the attorney general, as well as any others required by La. Rev. Stat. 13:5107. However, there shall be no direct action against the Self-Insurance Fund and claimants, with or without a final judgment recognizing their claims, shall have no enforceable right to have such claims satisfied or paid from the Self-Insurance Fund.

            E. The division of administration, in cooperation with the attorney general as provided in La. Rev. Stat. 49:257(B), shall prepare a list of all final judgments against the state that are the result of a claim under La. Const. Art. XII, § 10 and this Section and which remain unpaid. The list shall be updated quarterly, provided to the attorney general pursuant to La. Rev. Stat. 49:257(B), and information contained therein shall be included within the annual comprehensive financial report required pursuant to La. Rev. Stat. 39:80 in a manner determined by the commissioner of administration.

            Added by Acts 1980, No. 520, §1, eff. July 1, 1980; Acts 2018, No. 627, §1; Acts 2022, No. 369, §3, eff. June 10, 2022.

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