Title 43 — Civil Remedies and Procedure
20 chapters · 205 sections in this title.
A.S.C.A. § 43.1201 Short title
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This chapter may be cited as the “Government Tort Liability Act”. History: 1967, PL 10-1.
A.S.C.A. § 43.1202 Definitions
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As used in this chapter: (1) “Computer-based system: includes any computer or other information technology system, and any electronic device that controls, operates, monitors, or assists in the operation or functioning of equipment, machinery, plant, or a device using an embedded…
A.S.C.A. § 43.1203 Liability of government-Exceptions
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(a) The government is liable, except as otherwise provided in this chapter, in the same manner and to the same extent as a private individual under like circumstances, but is not liable for interest prior to judgment or for punitive damages, except that in a case wherein death is…
A.S.C.A. § 43.1204 Statute of limitations
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A tort claim against the government shall be forever barred unless an action on it is begun within 2 years after the claim accrues. History: 1967, PL 10-1.
A.S.C.A. § 43.1205 Prerequisite adminstrative remedy
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(a) An action may not be instituted upon a claim against the government for money damages for damage to or loss of property, or personal injury or death, caused by the negligent or wrongful act or omission of any employee of the government while acting within the scope of his off…
A.S.C.A. § 43.1206 Administrative decision conclusive upon government
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Subject to the provisions of this chapter relating to civil actions on tort claims against the government, any award, compromise, settlement or determination by the Attorney General shall be final and conclusive on all officers of the government, except when procured by means of …
A.S.C.A. § 43.1207 Bar to suit against government employee
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The judgment in an action, or the payment of a claim by the Attorney General, under this chapter shall constitute a complete bar to any action by the claimant, by reason of the same subject matter, against the employee of the government whose act or omission gave rise to the clai…
A.S.C.A. § 43.1208 Administrative disposition not evidence of liability or damages
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Disposition of any claim by the Attorney General is not competent evidence of liability or amount of damages. History: 1967, PL 10-1.
A.S.C.A. § 43.1209 Jurisdiction over actions
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(a) The Trial Division of the High Court shall have exclusive jurisdiction of civil actions on claims against the government accruing on or after the effective date of this chapter, for money damages, for damage to or loss of property, or personal injury or death caused by the ne…
A.S.C.A. § 43.1210 Settlement of actions
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The Attorney General or his designee may arbitrate, compromise or settle any claim cognizable under this chapter, after the commencement of an action thereon. History: 1967, PL 10-1.
A.S.C.A. § 43.1211 Action against government exclusive remedy-Defense and settlement of other actions
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(a) The remedy by suit against the government as provided by this chapter for damage to or loss of property, or personal injury or death caused by the negligent or wrongful act or omission of any employee of the government while acting within the scope of his office or employment…
A.S.C.A. § 43.1212 Payment of judgment or settled claim
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(a) When the Attorney General has allowed or settled a claim against the government under the provisions of this chapter, the Treasurer shall pay any such claim or judgment which does not exceed the sum of $25,000 in connection with any claim or judgment for personal injury or de…
A.S.C.A. § 43.1213 Attorney fees
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No attorney may charge, demand, receive or collect for services rendered, fees in excess of 25 percent of any judgment rendered pursuant to this chapter, or in excess of 20 percent of any award, compromise, or settlement made by the Attorney General pursuant to this chapter. Hist…
A.S.C.A. § 43.1230 Liability of government-Exceptions
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(a) The liability provisions of this chapter shall not be applied to allow for any claim arising out of or based upon any failure of or error produced, calculated, or generated by a government computer system as a result of the system not being Y-2K compliant, regardless of the c…
A.S.C.A. § 43.1231 Immunity Against Suits
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No action, including, without limitation, any action for declaratory or injunctive relief, may be brought against the American Samoa Government or a government employee, arising out of or based upon any failure of or error produced, calculated, or generated by a government comput…
A.S.C.A. § 43.1232 Preventive and remedial measures
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Nothing in this chapter shall be deemed to prevent the American Samoa Government, an agency, a board, or a government employee, from taking steps to prevent or remedy any failure of or a Y-2K error produced, calculated, or generated by a government computer system as a result of …
A.S.C.A. § 43.1233 Effect on insurance
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Nothing in this act is intended to affect the indemnity and defense coverage rights and obligations under any contract of insurance. History: 1999, PL 26-14.
A.S.C.A. § 43.1234 Severability
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If any provision of this act, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provision…
A.S.C.A. § 43.1235 Preemption
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If any portion of this act is found to be preempted by federal law or regulation, the remainder shall remain in full force and effect to the fullest extent consistent with the preemption. History: 1999, PL 26-14.