Federal Tort Claims Act

In 1946, a military plane flew into the Empire State Building in New York on accident and injured a number of people in the building. Because of sovereign immunity, the people who were injured were unable to sue the United States to recover damages for their injuries. As a result, and because of other incidents, Congress passed the Federal Tort Claims Act.

Prior to this act, individuals who were injured by some arm of the government were not able to collect damages because of the doctrine of sovereign immunity. This doctrine was brought over from the English common law system prohibiting people from suing the king or monarch. This doctrine, in the United States, prevents people, generally, from filing lawsuits against the Congress, the United States in general, or the president directly.

As a result of the Federal Tort Claims Act, or FTCA, people are now able to bring lawsuits against the federal government as a result of actions or negligence that result in damages or personal injuries. This does have some limits though and is not a complete waiver of sovereign immunity.

The first limit is that the action or negligence of the party that was acting as the United States must have caused damages in circumstances where the United States, “if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred.”

In addition, the FTCA does not apply to cases where a person was injured as a result of the performance or failure to perform a “discretionary” function or duty. The FTCA also does not apply to a wide range of intentional torts. Federal law enforcement officers and officials can, however, be sued for assault, battery, and false imprisonment.

Contact a Harrisburg Personal Injury Lawyer

If you have been injured by a part or member of the federal government, contact the Harrisburg personal injury lawyers of Lowenthal & Abrams, P.C. at 610-667-7511 to discuss your situation and to determine your legal options.