The Federal Tort Claims Act

For the majority of the history of the United States, individuals were not permitted to file a lawsuit against the United States in civil court. They could have a lawsuit brought against them by the United States in criminal court but if the government injured a person, it was rather difficult to collect damages. Fortunately, the Federal Tort Claims Act, or FTCA, came into existence.

The Federal Tort Claims Act was enacted by the United States Congress in 1948. This statute permits private parties to sue the United States in federal court for the majority of torts that are committed by persons acting on behalf of the United States. As a result, the FTCA is a waiver of sovereign immunity. Sovereign immunity is the idea that an ordinary person may not sue the sovereign. It comes from England where the King or monarch would claim not to be able to be sued.

The FTCA is not carte blanche when it comes to suing the United States, however. The government’s liability 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.” 28 USC Section 1346(b). The Federal Tort Claims Act exempts the government from liability in instances where the claim is based on the performance or the failure to perform a discretionary function or duty. Also, a number of intentional torts are excluded from the statute.

Contact a Cincinnati Personal Injury Lawyer

If you have been injured by an action or omission of another person, contact the Cincinnati personal injury lawyers at the Law Office of Shawn M. Stepleton at 513-321-7733.