reglab/housing_qa huggingface dataset:
WY Stat § 1-38-103 (2021)
2021 Wyoming Statutes|Title 1 - Code of Civil Procedure|Chapter 38 - Wrongful Death|Section 1-38-103 - Appointment of Wrongful Death Representative.

1-38-103. Appointment of wrongful death representative.| (a) The wrongful death representative may be appointed by the district court in the county in which:  (i) The decedent resided;  (ii) The decedent died;  (iii) The claim for relief or some part of the claim for relief arose; or  (iv) A defendant resides or may be summoned.  (b) The district court may appoint the wrongful death representative at any time after the decedent's death. The appointment shall be made in a separate action brought solely for appointing the wrongful death representative. In any action in which appointment of the wrongful death representative is sought, any person claiming to qualify under W.S. 1-38-104(a) may intervene as a matter of right. After an action to appoint the wrongful death representative is filed:  (i) No subsequent action for appointment may be maintained; and  (ii) If an action to appoint the wrongful death representative is properly filed, the limitation period under W.S. 1-38-102(d) and any other applicable limitation periods shall be tolled from the time the action is filed until thirty (30) days after an order appointing the wrongful death representative is entered.  (c) The appointment of the wrongful death representative is a procedural device intended to provide a representative to investigate and bring an action under W.S. 1-38-101. Irregularities in the manner or method of appointment are not jurisdictional.
WY Stat § 1-38-104 (2021)
2021 Wyoming Statutes|Title 1 - Code of Civil Procedure|Chapter 38 - Wrongful Death|Section 1-38-104 - Factors for Determining Wrongful Death Representative.

1-38-104. Factors for determining wrongful death representative.| (a) In appointing the wrongful death representative, the court shall determine the person who will best represent the interests of the potential beneficiaries of the action as a whole.  (b) In determining whether the best interests of potential beneficiaries as a whole will be served by appointment of the wrongful death representative, the court shall consider:  (i) The familial or other relationship of the person making application to the decedent;  (ii) The interests of the person making application in relation to the interests of other potential beneficiaries as a whole;  (iii) Actions taken to secure appointment as the wrongful death representative and to protect the interests of all potential beneficiaries;  (iv) Such other factors as the court deems relevant.  (c) No appeal shall be allowed from an order appointing the wrongful death representative. The court, however, may entertain a motion to reconsider an appointment of the wrongful death representative.
WY Stat § 1-38-105 (2021)
2021 Wyoming Statutes|Title 1 - Code of Civil Procedure|Chapter 38 - Wrongful Death|Section 1-38-105 - Notice.

1-38-105. Notice.| (a) Within thirty (30) days of the filing of an action to appoint the wrongful death representative, the plaintiff shall cause to be published once a week for three (3) consecutive weeks in a daily or weekly newspaper of general circulation in the county in which the decedent resided at the time of death, a notice that an action to appoint the wrongful death representative has been instituted and that any person claiming to qualify under W.S. 1-38-104(a) may intervene as a matter of right.  (b) Within sixty (60) days after appointment, the wrongful death representative shall file with the court a report listing all reasonably ascertainable beneficiaries. The report shall set forth all reasonable efforts made by the wrongful death representative to notify such beneficiaries of the wrongful death representative's appointment.  (c) Irregularities in the manner or method of giving notice under this section are not jurisdictional.
WY Stat § 1-39-101 (2021)
2021 Wyoming Statutes|Title 1 - Code of Civil Procedure|Chapter 39 - Governmental Claims|Section 1-39-101 - Short Title.

1-39-101. Short title.| This act shall be known and cited as the "Wyoming Governmental Claims Act".
WY Stat § 1-39-102 (2021)
2021 Wyoming Statutes|Title 1 - Code of Civil Procedure|Chapter 39 - Governmental Claims|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 political subdivisions as trustees of public revenues are constituted to serve the inhabitants of the state of Wyoming and furnish certain services not available through private parties and, in the case of the state, state revenues may only be expended upon legislative appropriation. This act is adopted by the legislature to balance the respective equities between persons injured by governmental actions and the taxpayers of the state of Wyoming whose revenues are utilized by governmental entities on behalf of those taxpayers. This act is intended to retain any common law defenses which a defendant may have by virtue of decisions from this or other jurisdictions.  (b) In the case of the state, this act abolishes all judicially created categories such as "governmental" or "proprietary" functions and "discretionary" or "ministerial" acts previously used by the courts to determine immunity or liability. This act does not impose nor allow the imposition of strict liability for acts of governmental entities or public employees.
WY Stat § 1-39-104 (2021)
2021 Wyoming Statutes|Title 1 - Code of Civil Procedure|Chapter 39 - Governmental Claims|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 is waived except to the extent provided by the contract if the contract was within the powers granted to the entity and was properly executed and except as provided in W.S. 1-39-120(b). The claims procedures of W.S. 1-39-113 apply to contractual claims against governmental entities.  (b) When liability is alleged against any public employee, if the governmental entity determines he was acting within the scope of his duty, whether or not alleged to have been committed maliciously or fraudulently, the governmental entity shall provide a defense at its expense.  (c) A governmental entity shall assume and pay a judgment entered under this act against any of its public employees, provided:  (i) The act or omission upon which the claim is based has been determined by a court or jury to be within the public employee's scope of duties;  (ii) The payment for the judgment shall not exceed the limits provided by W.S. 1-39-118; and  (iii) All appropriate appeals from the judgment have been exhausted or the time has expired when appeals may be taken.  (d) A governmental entity shall assume and pay settlements of claims under this act against its public employees in accordance with W.S. 1-39-115, 1-41-106 or 1-42-204.
WY Stat § 1-39-105 (2021)
2021 Wyoming Statutes|Title 1 - Code of Civil Procedure|Chapter 39 - Governmental Claims|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.
WY Stat § 1-39-106 (2021)
2021 Wyoming Statutes|Title 1 - Code of Civil Procedure|Chapter 39 - Governmental Claims|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.
WY Stat § 1-39-107 (2021)
2021 Wyoming Statutes|Title 1 - Code of Civil Procedure|Chapter 39 - Governmental Claims|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 for damages due to the existence of any condition arising out of compliance with any federal or state law or regulation governing the use and operation of airports.
WY Stat § 1-39-108 (2021)
2021 Wyoming Statutes|Title 1 - Code of Civil Procedure|Chapter 39 - Governmental Claims|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, heating and ground transportation.  (b) The liability imposed pursuant to subsection (a) of this section does not include liability for damages resulting from bodily injury, wrongful death or property damage caused by a failure to provide an adequate supply of gas, water, electricity or services as described in subsection (a) of this section.
WY Stat § 1-39-109 (2021)
2021 Wyoming Statutes|Title 1 - Code of Civil Procedure|Chapter 39 - Governmental Claims|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 public outpatient health care.  (b) The state of Wyoming is solely liable for damages resulting from, and the sole responsible party for, bodily injury or wrongful death to a patient treated under the provisions of W.S. 35-31-101 through 35-31-103 caused by the negligence of a health care provider or a medical facility while performing health care services pursuant to a contract to deliver volunteer health services under W.S. 35-31-101 through 35-31-103.
WY Stat § 1-39-110 (2021)
2021 Wyoming Statutes|Title 1 - Code of Civil Procedure|Chapter 39 - Governmental Claims|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 negligence 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 or county jails, while acting within the scope of their duties.  (b) Notwithstanding W.S. 1-39-118(a), for claims under this section against a physician, physician assistant, nurse, optometrist or dentist who is employed by a governmental entity or who is deemed to be a public employee of the state by virtue of a contract pursuant to W.S. 35-31-101 through 35-31-103, based upon an act, error or omission occurring on or after May 1, 1988, the liability of a governmental entity shall not exceed the sum of one million dollars ($1,000,000.00) to any claimant for any number of claims arising out of a single transaction or occurrence nor exceed the sum of one million dollars ($1,000,000.00) for all claims of all claimants arising out of a single transaction or occurrence.
WY Stat § 1-39-112 (2021)
2021 Wyoming Statutes|Title 1 - Code of Civil Procedure|Chapter 39 - Governmental Claims|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.
WY Stat § 1-39-113 (2021)
2021 Wyoming Statutes|Title 1 - Code of Civil Procedure|Chapter 39 - Governmental Claims|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 action may be instituted not more than two (2) years after discovery of the alleged act, error or omission, if the claimant can establish that the alleged act, error or omission was:  (i) Not reasonably discoverable within a two (2) year period; or  (ii) The claimant failed to discover the alleged act, error or omission within the two (2) year period despite the exercise of due diligence.  (b) The claim shall state:  (i) The time, place and circumstances of the alleged loss or injury including the name of the public employee involved, if known;  (ii) The name, address and residence of the claimant and his representative or attorney, if any; and  (iii) The amount of compensation or other relief demanded.  (c) All claims against the state shall be presented to the general services division of the department of administration and information. Claims against any other governmental entity shall be filed at the business office of that entity. In the case of claims against local governments the claim submitted need not be acted upon by the entity prior to suit. For purposes of this section, "business office" means:  (i) The county clerk of a county, including its agencies, instrumentalities and institutions;  (ii) The city or town clerk of a city or town, including its agencies, instrumentalities and institutions;  (iii) The secretary of a joint powers board, airport board, public corporation, community college district board of trustees or special district;  (iv) The superintendent of a school district;  (v) The president of the University of Wyoming.  (d) In any action under this act, the complaint shall state:  (i) That the claim required under subsection (c) of this section was filed in accordance with this section;  (ii) The date the claim under subsection (c) of this section was filed;  (iii) That the claim was in compliance with the signature and certification requirements of article 16, section 7 of the Wyoming Constitution.  (e) In any claim filed with a governmental entity under this act, the claim shall be signed by the claimant under oath in substantially the following format:  I, ______________, have read and understand the provisions of the false swearing statute. I hereby certify under penalty of false swearing that the foregoing claim, including all of its attachments, if any, is true and accurate.  ______________________ __________________  Signature of Claimant Date  ______________________  Printed Name of Claimant  STATE OF WYOMING )  ) ss.  COUNTY OF _____________ )  Subscribed and sworn to before me, a Notarial Officer, this ... day of ....., . ...  __________________________  Notarial Officer  My Commission Expires: (Seal).
WY Stat § 1-39-114 (2021)
2021 Wyoming Statutes|Title 1 - Code of Civil Procedure|Chapter 39 - Governmental Claims|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 to W.S. 1-39-113. In the case of a minor seven (7) years of age or younger, actions against a governmental entity or public employee acting within the scope of his duties for torts occurring after June 30, 1979 which are subject to this act are forever barred unless commenced within two (2) years after occurrence or until his eighth birthday, whichever period is greater. In no case shall the statute of limitations provided in this section be longer than any other applicable statute of limitations. In the absence of applicable insurance coverage, if the claim was properly filed, the statute shall be tolled forty-five (45) days after a decision by the entity, if the decision was not made and mailed to the claimant within the statutory time limitation otherwise provided herein.
WY Stat § 1-39-115 (2021)
2021 Wyoming Statutes|Title 1 - Code of Civil Procedure|Chapter 39 - Governmental Claims|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 the damage claimed was caused by such negligence on the part of the state or its public employees as might entitle the claimant to a judgment.  (c) Any person whose claim is rejected or who is unsatisfied with the settlement offered may commence an action in the appropriate court.  (d) Claims under this act which are not covered by insurance may be settled as provided by W.S. 1-41-106 or 1-42-204.
WY Stat § 1-39-116 (2021)
2021 Wyoming Statutes|Title 1 - Code of Civil Procedure|Chapter 39 - Governmental Claims|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 entity. No rights of a governmental entity to contribution, indemnity or subrogation shall be impaired by this section. Nothing in this section prohibits any proceedings for mandamus, prohibition, habeas corpus, injunction or quo warranto.  (b) The judgment in an action or a settlement under this act constitutes a complete bar to any action by the claimant, by reason of the same transaction or occurrence which was the subject matter of the original suit or claim, against the governmental entity or the public employee whose negligence gave rise to the claim.
WY Stat § 1-39-117 (2021)
2021 Wyoming Statutes|Title 1 - Code of Civil Procedure|Chapter 39 - Governmental Claims|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 act shall be in the county in which the public employee resides or the cause of action arose or in Laramie county. Venue for all other claims pursuant to this act shall be in the county in which the defendant resides or in which the principal office of the governmental entity is located.  (c) The right to a trial by jury is preserved.  (d) If a governmental entity has elected to purchase liability insurance under this act, the court, in a trial without a jury, may be advised of the insurance.
WY Stat § 1-39-119 (2021)
2021 Wyoming Statutes|Title 1 - Code of Civil Procedure|Chapter 39 - Governmental Claims|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.
WY Stat § 1-39-120 (2021)
2021 Wyoming Statutes|Title 1 - Code of Civil Procedure|Chapter 39 - Governmental Claims|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, street, alley, sidewalk or parking area; or  (iii) The maintenance, including maintenance to compensate for weather conditions, of any bridge, culvert, highway, roadway, street, alley, sidewalk or parking area.  (b) Notwithstanding the waiver of immunity for tort liability provided by W.S. 1-39-105 through 1-39-112 or the waiver of immunity in actions based on contract provided by W.S. 1-39-104, a governmental entity and its public employees while acting within the scope of duties are immune from a civil action in tort, contract or otherwise alleging, in whole or in part, the improper seizure of property pursuant to W.S. 35-7-1049.
WY Stat § 1-41-101 (2021)
2021 Wyoming Statutes|Title 1 - Code of Civil Procedure|Chapter 41 - State Self-Insurance Program|Section 1-41-101 - Legislative Findings and Intent.

1-41-101. Legislative findings and intent.| The legislature recognizes that certain liability insurance policies of the state of Wyoming have been cancelled, that no responsive bids have been received and that there exists a need to develop a method to handle claims brought under the Wyoming Governmental Claims Act and arising under federal law. The legislature declares that the appropriate remedy is to create an account for self-insurance of the state and to provide for a loss prevention program. It is the intent of the legislature that the self-insurance account shall be operated on an actuarially sound basis. The legislature further declares that its intent is that the availability of commercial liability insurance coverage shall be explored considering the possibility that the insurance industry can provide coverage in the future that is less expensive than the costs of providing a loss prevention program and paying for claims out of the self-insurance account.