§1538. Claims against the state

           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 R.S. 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 R.S. 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 R.S. 49:257(B), shall prepare a list of all final judgments against the state that are the result of a claim under Article XII, Section 10 of the Constitution of Louisiana and this Section and which remain unpaid. The list shall be updated quarterly, provided to the attorney general pursuant to R.S. 49:257(B), and information contained therein shall be included within the annual comprehensive financial report required pursuant to R.S. 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, eff. August 1, 2018; Acts 2022, No. 369, §3, eff. June 10, 2022.