§ 9:2126 — Tort liability of trust

A. If a trustee or his predecessor has incurred personal liability for a tort committed in the course of administration, the trustee in his representative capacity may be sued and collection had from the trust property, if the court determines in such an action:
(1) That the tort was a common incident of the kind of business activity in which the trustee or his predecessor was properly engaged for the trust; or
(2) That, although the tort was not a common incident of such an activity, neither a trustee nor his predecessor nor an officer or employee of the trustee or his predecessor was guilty of personal fault in incurring the liability; or
(3) That, although the tort does not fall within paragraphs (1) or (2) above, it increased the value of the trust property.
B. If the tort falls within paragraphs (1) or (2) of Sub-section A above, collection may be had of the full amount of damage proved and, if the tort falls within paragraph (3) of Sub-section A above, collection may be had only to the extent of the increase in the value of the trust property.
C. A beneficiary may intervene in such an action for the purpose of contesting the right of the plaintiff to recover.
D. A trustee may also be held personally liable for any tort committed by him or his agents or employees in the course of their employment, subject to the right of exoneration or reimbursement provided in R.S. 9:2191 through 9:2196.