Federal Tort Claims Act
Encyclopedia
The Federal Tort Claims Act or "FTCA", (June 25, 1948, ch. 646, Title IV, , and ), is a statute enacted by the United States Congress
in 1948. "Federal Tort Claims Act" was also previously the official short title passed by the Seventy-ninth Congress on August 2, 1946 as Title IV of the Legislative Reorganization Act, 60 Stat. 842, which was classified principally to chapter 20 (§§ 921, 922, 931–934, 941–946) of former Title 28, Judicial Code and Judiciary.
That Title IV of the Legislative Reorganization Act act of August 2, 1946 was substantially repealed and reenacted as sections 1346 (b) and 2671 et seq. of this title by act June 25, 1948, ch. 646, 62 Stat. 982, the first section of which enacted this title (Tort Claims Procedure).
The FTCA permits private parties to sue the United States
in a federal court
for most torts committed by persons acting on behalf of the United States. The FTCA constitutes a limited waiver of sovereign immunity
.
s.
The Supreme Court of the United States
has limited the use of the FTCA in cases involving the military in the Feres doctrine
.
, where a bomber piloted in thick fog
by Lieutenant Colonel William F. Smith, Jr. crashed into the north side of the Empire State Building
. As NPR reported, "Eight months after the crash, the U.S. government offered money to families of the victims. Some accepted, but others initiated a lawsuit that resulted in landmark legislation. The Federal Tort Claims Act of 1946, for the first time, gave American citizens the right to sue the federal government." Although the crash was not the initial catalyst for the bill, which had been pending in Congress for more than two decades, the statute was made retroactive to 1945 in order to allow victims of that crash to seek recovery.
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
in 1948. "Federal Tort Claims Act" was also previously the official short title passed by the Seventy-ninth Congress on August 2, 1946 as Title IV of the Legislative Reorganization Act, 60 Stat. 842, which was classified principally to chapter 20 (§§ 921, 922, 931–934, 941–946) of former Title 28, Judicial Code and Judiciary.
That Title IV of the Legislative Reorganization Act act of August 2, 1946 was substantially repealed and reenacted as sections 1346 (b) and 2671 et seq. of this title by act June 25, 1948, ch. 646, 62 Stat. 982, the first section of which enacted this title (Tort Claims Procedure).
The FTCA permits private parties to sue the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
in a federal court
United States federal courts
The United States federal courts make up the judiciary branch of federal government of the United States organized under the United States Constitution and laws of the federal government.-Categories:...
for most torts committed by persons acting on behalf of the United States. The FTCA constitutes a limited waiver of sovereign immunity
Sovereign immunity
Sovereign immunity, or crown immunity, is a legal doctrine by which the sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution....
.
Limitations
Under the FTCA, "[t]he United States [is] liable . . . in the same manner and to the same extent as a private individual under like circumstances, but [is not] liable for interest prior to judgment or for punitive damages." 28 U.S.C. 2674. Federal courts have jurisdiction over such claims, but apply the law of the state "where the act or omission occurred." 28 U.S.C. 1346(b). Thus, both federal and state law may impose limitations on liability. The FTCA exempts, among other things, claims based upon the performance, or failure to perform a "discretionary function or duty." The FTCA also exempts a number of intentional tortIntentional tort
An intentional tort is a category of torts that describes a civil wrong resulting from an intentional act on the part of the tortfeasor. The term negligence, on the other hand, pertains to a tort that simply results from the failure of the tortfeasor to take sufficient care in fulfilling a duty...
s.
The Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
has limited the use of the FTCA in cases involving the military in the Feres doctrine
Feres v. United States
Feres v. United States, 340 U.S. 135 , combined three pending federal cases for a hearing in certiorari in which the Supreme Court of the United States ruled that the United States is not liable under the Federal Tort Claims Act for injuries to members of the armed forces sustained while on active...
.
History
The Act was passed following the B-25 Empire State Building crashB-25 Empire State Building crash
The B-25 Empire State Building crash was a 1945 aircraft accident in which a B-25 Mitchell piloted in thick fog crashed into the Empire State Building...
, where a bomber piloted in thick fog
Fog
Fog is a collection of water droplets or ice crystals suspended in the air at or near the Earth's surface. While fog is a type of stratus cloud, the term "fog" is typically distinguished from the more generic term "cloud" in that fog is low-lying, and the moisture in the fog is often generated...
by Lieutenant Colonel William F. Smith, Jr. crashed into the north side of the Empire State Building
Empire State Building
The Empire State Building is a 102-story landmark skyscraper and American cultural icon in New York City at the intersection of Fifth Avenue and West 34th Street. It has a roof height of 1,250 feet , and with its antenna spire included, it stands a total of 1,454 ft high. Its name is derived...
. As NPR reported, "Eight months after the crash, the U.S. government offered money to families of the victims. Some accepted, but others initiated a lawsuit that resulted in landmark legislation. The Federal Tort Claims Act of 1946, for the first time, gave American citizens the right to sue the federal government." Although the crash was not the initial catalyst for the bill, which had been pending in Congress for more than two decades, the statute was made retroactive to 1945 in order to allow victims of that crash to seek recovery.
See also
- Texas City DisasterTexas City DisasterThe Texas City Disaster was the deadliest industrial accident in U.S. history. The incident took place on April 16, 1947, and began with a mid-morning fire on board the French-registered vessel SS Grandcamp which was docked in the Port of Texas City...
(1947), which was the first failed lawsuit using the FTCA. - United States v. StanleyUnited States v. StanleyIn United States v. Stanley , the United States Supreme Court found that a serviceman could not file a tort action against the federal government, even though the government secretly administered doses of LSD to the serviceman as part of an experimental program, because his injuries were found by...
(1987) - United States Claims Court