The Federal Tort Claims Act: How To Sue The United States

When it comes to torts committed by the government and/or its employees, the beginning and ending place for any analysis is the Federal Tort Claims Act (FTCA). See 28 U.S.C. § 1346. The Federal Tort Claims Act provides a limited waiver of sovereign immunity and allows for money damages against the government for damages, loss of property, personal injury or death. In order to recover under the FTCA, one must show that the damages claimed resulted from a wrongful or negligent act of a government employee acting within the scope of his employment under circumstances where the United States, if a private person, would be liable to the injured person in accordance with the law of the place where the act or omission occurred. See 28 U.S.C. § 1346(b). As we will address in subsequent entries on this subject, there are potential land minds for those who would seek to recover under the Federal Tort Claims Act but who are not familiar with its provisions. The purpose of these blogs therefore will be to provide some general guidance as to how one should go about perfecting a tort claim against the United States of America. In future blogs, we will address the key steps that must be taken in order to do so.