Find Legal Information

44.072 Legislative intent as to sovereign immunity in negligence claims.

Download pdf

44.072 Legislative intent as to sovereign immunity in negligence claims. It is the intention of the General Assembly to provide the means to enable a person <br>negligently injured by the Commonwealth, any of its cabinets, departments, bureaus or <br>agencies, or any of its officers, agents or employees while acting within the scope of their <br>employment by the Commonwealth or any of its cabinets, departments, bureaus or <br>agencies to be able to assert their just claims as herein provided. The Commonwealth <br>thereby waives the sovereign immunity defense only in the limited situations as herein set <br>forth. It is further the intention of the General Assembly to otherwise expressly preserve <br>the sovereign immunity of the Commonwealth, any of its cabinets, departments, bureaus <br>or agencies or any of its officers, agents or employees while acting in the scope of their <br>employment by the Commonwealth or any of its cabinets, departments, bureaus or <br>agencies in all other situations except where sovereign immunity is specifically and <br>expressly waived as set forth by statute. The Board of Claims shall have exclusive <br>jurisdiction to hear claims for damages, except as otherwise specifically set forth by <br>statute, against the Commonwealth, its cabinets, departments, bureaus, agencies or any of <br>its officers, agents or employees while acting within the scope of their employment by the <br>Commonwealth, its cabinets, departments, bureaus or agencies. Effective: July 15, 1986 <br>History: Created 1986 Ky. Acts ch. 499, sec. 1, effective July 15, 1986.