FTCA Lawyers for Veterans Nationwide

The Federal Tort Claims Act is an important federal law.  It provides a limited waiver of the government’s sovereign immunity allowing for lawsuits by persons injured by commonplace negligence of government employees. The doctrine of sovereign immunity provides that a sovereign state can be sued when its legislative branch gives permission to do so. The FTCA does that for limited negligence acts but it does not provide a remedy for those whose claims arise in intentional torts including strict liability, or from a myriad of other exceptions that the FTCA details.

First Amendment Protection

The First Amendment of the United States Constitution guarantees a citizen’s right to petition the government for redress of grievances. Between 1920 and 1946, there were more than 30 bills of financial remedies heard by Congress in the “private bill” system. Tiring of the way these private citizen claims clogged their calendars, Congress finally enacted the FTCA on August 2, 1946, as part of the Legislative Reorganization Act.

The FTCA has six essential elements that are necessary to have a valid claim

These six elements of a valid claim are:

1. must be against the United States,
2. for money damages,
3. for injury or loss of property, or personal injury or death,
4. caused by the negligent or wrongful act or omission of any employee of the Government,
5. while acting within the scope of his office or employment,
6. under 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.

Federal courts lack subject matter jurisdiction over claims that do have these six elements. However, the government actor’s actions must be based on negligence and not be an intentional tort or be based on a theory of strict liability. Those types of claims are ineligible to be brought under the FTCA.

Claims against federal contractors do not fall under the FTCA unless the claim is based on a “nondelegable” duty. The actions of the federal employees must be within the scope of their official duties. It also does not cover torts committed by District of Columbia employees or territorial employees.

The Controlling State Law is Important

Because the tort is based on state law, any defense available under state law is also available to the federal employee defendant as a private person. That includes contributory negligence, comparative negligence, superseding cause, assumption of risk, recreational use statutes, and the statutory employee doctrine.

Other important points to know about the FTCA are that the law of the state where the tort has occurred or where the plaintiff is located is applied to the analysis of claim. So if the actions of a federal employee located in Montana causes the negligent act, the laws of Montana would be applied in the Montana federal court. If the plaintiff lives in Colorado, an individual may choose to file in Colorado federal court applying Colorado state law.