Federal Tort Claims Act

Federal Tort Claims Act

The Federal Tort Claims Act (FTCA), August 2, 1946, ch. 753, title IV, USStat|60|842, usc|28|1346(b) and UnitedStatesCode3|28|2671|2680), is a statute enacted by the United States Congress in 1946 permitting private parties to sue the United States in a federal court for most torts committed by persons acting on behalf of the United States. Liability under the FTCA is limited to "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." usc|28|1346(b). The FTCA exempts, among other things, claims based upon the performance, or failure to perform, a "discretionary function or duty." usc|28|2680(a). The FTCA also exempts a number of intentional torts, although the United States is liable for specific intentional torts such as assault, battery, and false imprisonment, if committed by federal law enforcement officers. usc|28|2680(h).

The Supreme Court has limited the use of the FTCA in cases involving the military in the Feres doctrine Findlaw us|340|135.

The FTCA constitutes a limited waiver of sovereign immunity.

References

* Ballentine's Law Dictionary, p. 193.

ee also

*Texas City Disaster (1947), which was the first failed lawsuit using the FTCA.
*"United States v. Stanley" (1987)
* United States Claims Court

External links

* [http://www.lectlaw.com/def/f071.htm The 'Lectric Law Library's Legal Lexicon On the Federal Tort Claims Act]
* [http://www.answers.com/topic/federal-tort-claims-act Answers.com Federal Tort Claims Act]
* [http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=346&invol=15 Supreme Court Opinion, Dalehite v. U.S. (1953) 346 U.S. 15]


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