1. 

2. GENERAL LIABILITY CLAIMS FRANK FORET OFFICE OF RISK MANAGEMENT

3. Who We Are Ann Wax Claims Officer Kathleen Gasser Claims Manager Frank Foret Claims Supervisor James Lea Claims Supervisor (225) 219-0012 (225) 342-8433 (225) 342-8463 (225) 342-8399

4. WHAT DO WE COVER? The State of Louisiana provides insurance coverage for third party bodily injury and property damage claims for which the agency could be held legally liable.

5. General Liability Claims Claims alleging damages in tort due to negligence by the state of Louisiana. The CGL unit handles claims that are not Worker’s Comp, do not involve state owned automobiles, do not involve Medical Malpractice, and do not involve damages attributed to the state highways. Claims range from trip and falls to property damage to wrongful acts, for example.

6. The General Liability Policy covers: Premises and Operations Completed Operations and Products Liability Elevator and Escalator Watercraft under 26’ Contractual Liability Wrongful Acts Errors and Omissions Professional Liability Public Officials Custodial Garage Keepers Foster Parents Protective Liability Fire Damage Legal Liability See definitions notesSee definitions notes

7. CIVIL RIGHTS CLAIMS Claims alleging discrimination, harassment and or retaliation are also covered under the General Liability policy.

8. FALSE ARREST False Arrest False Imprisonment Illegal Detention

9. OTHER PERSONAL INJURY Defamation Libel Slander Malicious Prosecution Wrongful Entry Wrongful Eviction

10. Reporting CGL Claims In writing to: General Liability Claims Office of Risk Management P. O. Box 91106 Baton Rouge, LA 70821-9106 If loss is serious in nature, also telephone it in to (225) 219-0168. E-mail: firstname.lastname@la.gov

11. HOW TO REPORT A CLAIM For injuries sustained by visitors to your agency, have agency contact complete the CGL claim form found on our website: www.doa.la.gov/orm

14. When a Loss Occurs All Property which has been damaged is to be protected against further damage and is to be made available for inspection by a claims adjuster assigned by ORM. The agency is not to assume any obligation or incur any expenses without the authority of ORM.

15. Where to send report of claim 1. Mail it Attention Frank Foret: Office of Risk Management Post Office Box 91106 Baton Rouge, LA 70821-9106 2. Fax it to: (225) 342-4470

16. How a claim is processed An Adjuster is assigned.

17. The adjusting process: 1. Investigation 2. Evaluation 3. Negotiation 4. Settlement

18. Investigation of Claim The adjuster investigates to determine coverage by ORM Liability and exposure are determined after obtaining the facts of the incident.

19. What is Our Negligence? What did we do wrong, or fail to do right? “OUR” means the State’s liability“OUR” means the State’s liability

20. Limitation of Liability for Public Entities R.S. 9:2800 …No person shall have a cause of action based solely upon liability imposed under CC Article 2317 against a public entity for damages caused by the condition of things within its care and custody unless it had actual or constructive notice of the vice or defect, had reasonable opportunity to remedy it and failed to do so. Condition of the building, stairs, walkways, sidewalks, etc. Boyle decision (LSU) 22 miles of sidewalk. Ptf. expert testified depression was 1 inch on one corner, ½ to 5/8 on other. Unreasonable risk of harm or dangerous condition a legal conclusion A municipality is not an insurer of the safety of pedestrians Finding of a defect not enough to establish liabilityCondition of the building, stairs, walkways, sidewalks, etc. Boyle decision (LSU) 22 miles of sidewalk. Ptf. expert testified depression was 1 inch on one corner, ½ to 5/8 on other. Unreasonable risk of harm or dangerous condition a legal conclusion A municipality is not an insurer of the safety of pedestrians Finding of a defect not enough to establish liability

21. Constructive Notice The existence of facts which infer actual knowledge Example: defective sidewalk in front of administrative building or Defective sidewalk somewhere in middle of campus where there are miles of sidewalk.

22. Evaluation of the claim Do we have liability? Are we 100% at fault or was there comparative fault by the claimant or fault by another party? What damages were suffered: Medicals Lost wages or lost time Out of pocket expenses Property damage Woman wearing 1 sandal, 1 slipper, tripped on expansion joint.Woman wearing 1 sandal, 1 slipper, tripped on expansion joint.

23. Negotiation of Claim Claims may be filed “Pro Se” by the injured party or by an attorney. The adjuster will negotiate directly to settle a claim. When a lawsuit is filed, the adjuster will work with our defense counsel in negotiations.

24. Settlement of a Claim The adjuster must have settlement authority in order to negotiate and settle a claim. The adjuster may present requests for settlement authority to supervisors or to Claims Council depending on the level of authority sought. He/she must obtain a full and final release of all claims and a dismissal of any legal action in order to settle a claim.

25. Frequently Asked Questions ???

26. Were we negligent in maintaining a safe environment? Take pictures of area of fall. Note whether claimant was wearing glasses, carrying things, type of shoes worn. Provide witness information. Do we cover trip and falls? Boyle Decision LSUBoyle Decision LSU

27. How You Can Help Tell us about conditions that contributed to the accident: Wet floor, any warning signs? Holes, barriers, irregular surface Lighting Weather Handicap Eyeglasses Carrying anything that might obstruct vision

28. Take Photographs of the Scene Label with name of injured party and date Take some photos that show location and landmarks Not Polaroid if possible. Digital is best.Not Polaroid if possible. Digital is best.

29. Falls that involve a chair? Only if the agency is negligent in maintaining a chair in a safe condition. If chair broke, remove it from service, save it and label it with name of person who fell and date of incident. Note the manufacturer and supplier of chair. Take pictures Provide witness names

30. Damage to private cars? Falling tree branches? Depends on whether it was live or visibly dead. Need photos. Gate arm? If it malfunctioned. Vandalism by unknown person? No. Our mower? Yes if the auto is insured. Need proof of liability insurance required by LA Law. DaDa

31. Loss of personal property ? Must determine care, custody and control If property was left behind and then discovered to be lost, that would be abandonment on the part of the owner, and would not be negligence on the part of the state. Rings left on windowsill. Laptop left on cafeteria table.Rings left on windowsill. Laptop left on cafeteria table.

32. Theft or Burglary of Privately Owned Auto Parked on Agency Grounds. The state is not the insurer of a privately owned automobile. We act as the gratuitous depository only. Guards are usually for additional safety. Their presence does not make the State responsible.Guards are usually for additional safety. Their presence does not make the State responsible.

33. Trip and Fall in Elevators We must determine the Maintenance Co. that services the elevator and review the contract. Check to see whether a malfunction has been previously reported to the Maintenance Co.

34. Do We Cover Injuries or Damages Caused by Wildlife? Vehicle traveling on state highway hits a deer Visitor to state park receives insect bite/snake bite Peacocks - TurtlePeacocks - Turtle

37. Lawsuits filed against your Agency Immediately forward all lawsuits, demands, or legal documents pertaining to a claim to ORM for further handling. Time is important. Act immediately.Time is important. Act immediately.

38. What if Lawsuit names a State Employee as a Defendant?

39. Louisiana Governmental Claims Act R.S. 13:5101 et seq. states this (Act) applies to any suit in contract or for injury to person or property against the state, a state agency, an officer or employee of the state or a state agency arising out of the discharge of his official duties or within the course and scope of his employment…

40. R.S.13:5108.1 Indemnification of officers and employees of the state; civil rights; representation by the Attorney General. ORM is the insurer State employee is the insured DOJ is defense counsel

41. Named Defendant Must Request Representation by Attorney General Send a copy of the petition Send a cover letter to Attorney General Charles C. Foti requesting representation Provide information regarding service of the petition Within 10 days of date of service of petition P. O. Box 94005, Baton Rouge, LA 70804-9005P. O. Box 94005, Baton Rouge, LA 70804-9005

42. Our Duty to Defend: The state shall defend and indemnify a covered individual against any claim, demand, suit, complaint or petition seeking damages filed in any court over alleged negligence or other act by the individual, including any demand under any federal statute when the act that forms the basis of the cause of action took place while the individual was engaged in the performance of the duties of the individual’s office or employment with the state.

43. Who is Covered? R.S.13:5108.1(e) 1. An official, officer, or employee holding office or employment: Executive branch Legislative branch State Supreme Court, courts of appeal, family, juvenile or judicial district courts Deep-water ports

46. Claim, demand, suit, complaint or petition seeking damages Remedy sought determines whether complaint with be handled by ORM. Suits seeking contractual damages or suits on open accounts are not handled by ORM. Wage and compensation matters are not covered by ORM Injunctive or Declaratory Relief not covered.Wage and compensation matters are not covered by ORM Injunctive or Declaratory Relief not covered.

47. Limitations Suits against the state must be filed in Louisiana state courts Suits for personal injury to any one person total recoverable exclusive of property damages, medical care, loss of earnings, shall not exceed five hundred thousand dollars.

48. Future Medical Care Fund In personal injury suits wherein the court awards medical care and benefits subsequent to judgment, this is paid according to R.S. 39:1533.2 Medical care benefits are paid directly to providers as incurred.

49. Civil Rights Lawsuits

50. What is Title VII of the Civil Rights Act of 1964? It prohibits discrimination in employment on the basis of: Race Sex National Origin Religion

51. Employment Practice Liability Claims of Improper or Discriminatory: -Hiring, Firing, Discipline -Compensation Classification -Treatment, Training, Opportunities -Terms and Conditions of Employment

52. DiscriminationIs Illegal in the Following: Hiring and Firing Compensation, assignment, or classification Recruitment, testing Use of facilities Training Benefits Pay, retirement plans Leave Other terms of employment

53. To Prove Discrimination There must be an adverse employment action such as failure to hire or promote, or termination.

54. What is Title I of ADA? Americans with Disabilities Act prohibits discrimination in employment against a qualified individual with a disability because of the disability. It is unlawful to take retaliatory action against any individual for opposing unlawful practices or for filing a charge.

55. What is the Age Discrimination in Employment Act? It prohibits discrimination in employment on the basis of age with respect to individuals who are 40 years of age or older.

56. Who Enforces these Acts? Equal Employment Opportunity Commission (EEOC) Employment Litigation Section, Civil Rights Division, U.S.Department of Justice enforces Title VII against state governments

57. What Does EEOC Do? EEOC investigates claims of discrimination filed by employees. If there is reasonable cause to believe a violation of the law has occurred and conciliation efforts are unsuccessful then EEOC refers the charge to the U.S. Department of Justice to initiate litigation, Or issues a right to sue letter to complainant.

58. Is There a Time Limit to File? Charges filed against the state must be filed within 300 days of the act of discrimination EEOC does their investigation After a Right to Sue letter is issued, there is an additional 90 days in which to file a lawsuit.

59. Questions?