The Federal Tort Claims Act (FTCA)

Federal Tort Claims Act

What happens if you get hit by a mail government mail truck?!? It happens–(U.S. v. Gilman: The United States is not entitled to indemnity from one of its employees after it has been held liable under the Federal Tort Claims Act (28 USC 13462671 et seq.) for injuries negligently caused by the employee.) Well you sue the government, most likely under the Federal Tort Claims Act.

What is is?

“As a sovereign power, the United States may be sued only to the extent that it has expressly consented by statute to a suit. Absent a waiver by the United States of its sovereign immunity, a legal proceeding may not be brought against the United States or its agencies. Indeed, unless sovereign immunity has been waived or does not apply, both equitable as well as legal remedies against the United States are barred. In granting its consent to be sued, the United States may attach such conditions, and limitations, as it deems proper, and strict compliance with those conditions is an absolute requirement.

With the enactment of the Federal Tort Claims Act, Congress provided a comprehensive remedy against the United States for tort claims resulting from the negligent or wrongful acts or omissions of federal employees while acting within the scope of their employment or office, and conferred exclusive jurisdiction for such actions upon the federal district courts.” [1]

When was it passed?


Why passed?

“The Federal Tort Claims Act was passed by the Seventy-ninth Congress as Title IV of the Legislative Reorganization Act, 60 Stat. 842, after nearly thirty years of congressional consideration. It was the offspring of a feeling that the Government should assume the obligation to pay damages for the misfeasance of employees in carrying out its work. And the private bill device was notoriously clumsy.  Some simplified recovery procedure for the mass of claims was imperative. This Act was Congress’ solution, affording instead easy and simple access to the federal courts for torts within its scope.” [2]

Where do you sue?

“The United States Court of Federal Claims shall have jurisdiction to render judgment upon any claim against the United States founded either upon the Constitution, or any Act of Congress or any regulation of an executive department, or upon any express or implied contract with the United States, or for liquidated or unliquidated damages in cases not sounding in tort.”

[1] From

American Jurisprudence, Second Edition
Copyright © 2011 West Group
Romualdo P. Eclavea, J.D. and Janice Holben, J.D.
Federal Tort Claims Act

[2] From Dalehite v. U.S.


Posted on November 17, 2011, in Uncategorized and tagged , , , , , , . Bookmark the permalink. 1 Comment.

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