Section 1-39-101 – Short Title.
1-39-101. Short title. This act shall be known and cited as the “Wyoming Governmental Claims Act”.
Section 1-39-102 – Purpose.
1-39-102. Purpose. (a) The Wyoming legislature recognizes the inherently unfair and inequitable results which occur in the strict application of the doctrine of governmental immunity and is cognizant of the Wyoming Supreme Court decision of Oroz v. Board of County Commissioners 575 P. 2d 1155 (1978). It is further recognized that the state and its […]
Section 1-39-103 – Definitions.
1-39-103. Definitions. (a) As used in this act: (i) “Governmental entity” means the state, University of Wyoming or any local government; (ii) “Local government” means cities and towns, counties, school districts, joint powers boards, airport boards, public corporations, community college districts, special districts and their governing bodies, all political subdivisions of the state, and their […]
Section 1-39-104 – Granting Immunity From Tort Liability; Liability on Contracts; Exceptions.
1-39-104. Granting immunity from tort liability; liability on contracts; exceptions. (a) A governmental entity and its public employees while acting within the scope of duties are granted immunity from liability for any tort except as provided by W.S. 1-39-105 through 1-39-112. Any immunity in actions based on a contract entered into by a governmental entity […]
Section 1-39-105 – Liability; Operation of Motor Vehicles, Aircraft and Watercraft.
1-39-105. Liability; operation of motor vehicles, aircraft and watercraft. A governmental entity is liable for damages resulting from bodily injury, wrongful death or property damage caused by the negligence of public employees while acting within the scope of their duties in the operation of any motor vehicle, aircraft or watercraft.
Section 1-39-106 – Liability; Buildings, Recreation Areas and Public Parks.
1-39-106. Liability; buildings, recreation areas and public parks. A governmental entity is liable for damages resulting from bodily injury, wrongful death or property damage caused by the negligence of public employees while acting within the scope of their duties in the operation or maintenance of any building, recreation area or public park.
Section 1-39-107 – Liability; Airports.
1-39-107. Liability; airports. (a) A governmental entity is liable for damages resulting from bodily injury, wrongful death or property damage caused by the negligence of public employees while acting within the scope of their duties in the operation of airports. (b) The liability imposed pursuant to subsection (a) of this section does not include liability […]
Section 1-39-108 – Liability; Public Utilities.
1-39-108. Liability; public utilities. (a) A governmental entity is liable for damages resulting from bodily injury, wrongful death or property damage caused by the negligence of public employees while acting within the scope of their duties in the operation of public utilities and services including gas, electricity, water, solid or liquid waste collection or disposal, […]
Section 1-39-109 – Liability; Medical Facilities.
1-39-109. Liability; medical facilities. (a) Except as provided in subsection (b) of this section, a governmental entity is liable for damages resulting from bodily injury, wrongful death or property damage caused by the negligence of public employees while acting within the scope of their duties in the operation of any public hospital or in providing […]
Section 1-39-110 – Liability; Health Care Providers.
1-39-110. Liability; health care providers. (a) A governmental entity is liable for damages resulting from bodily injury, wrongful death or property damage caused by the medical malpractice of health care providers who are employees of the governmental entity, including contract physicians, physician assistants, nurses, optometrists and dentists who are providing a service for state institutions […]
Section 1-39-112 – Liability; Peace Officers.
1-39-112. Liability; peace officers. A governmental entity is liable for damages resulting from tortious conduct of peace officers while acting within the scope of their duties.
Section 1-39-113 – Claims Procedure.
1-39-113. Claims procedure. (a) No action shall be brought under this act against a governmental entity unless the claim upon which the action is based is presented to the entity as an itemized statement in writing within two (2) years of the date of the alleged act, error or omission, except that a cause of […]
Section 1-39-114 – Statute of Limitations.
1-39-114. Statute of limitations. Except as otherwise provided, actions against a governmental entity or a public employee acting within the scope of his duties for torts occurring after June 30, 1979 which are subject to this act shall be forever barred unless commenced within one (1) year after the date the claim is filed pursuant […]
Section 1-39-115 – Settlement of Claims.
1-39-115. Settlement of claims. (a) Upon receipt of a claim against the state which is covered by insurance, the general services division of the department of administration and information shall send the claim to the insurance company insuring the risk involved for investigation, adjustment, settlement and payment. (b) A claim shall be settled only if […]
Section 1-39-116 – Exclusiveness of Remedy.
1-39-116. Exclusiveness of remedy. (a) The remedy against a governmental entity as provided by this act is exclusive, and no other claim, civil action or proceeding for damages, by reason of the same transaction or occurrence which was the subject matter of the original claim, civil action or proceeding may be brought against the governmental […]
Section 1-39-117 – Jurisdiction; Appeals; Venue; Trial by Jury; Liability Insurance.
1-39-117. Jurisdiction; appeals; venue; trial by jury; liability insurance. (a) Original and exclusive jurisdiction for any claim filed in state court under this act shall be in the district courts of Wyoming. Appeals may be taken as provided by law. (b) Venue for any claim against the state or its public employees pursuant to this […]
Section 1-39-118 – Maximum Liability; Insurance Authorized.
1-39-118. Maximum liability; insurance authorized. (a) Except as provided in subsection (b) of this section, in any action under this act, the liability of the governmental entity, including a public employee while acting within the scope of his duties, shall not exceed: (i) The sum of two hundred fifty thousand dollars ($250,000.00) to any claimant […]
Section 1-39-119 – Application of Provisions.
1-39-119. Application of provisions. The provisions of this act shall not affect any provision of law, regulation or agreement governing employer-employee relationships.
Section 1-39-120 – Exclusions From Waiver of Immunity.
1-39-120. Exclusions from waiver of immunity. (a) The liability imposed by W.S. 1-39-106 through 1-39-112 does not include liability for damages caused by: (i) A defect in the plan or design of any bridge, culvert, highway, roadway, street, alley, sidewalk or parking area; (ii) The failure to construct or reconstruct any bridge, culvert, highway, roadway, […]