Legal Definitions - Federal Tort Claims Act

The Federal Tort Claims Act (FTCA) is a federal law that allows individuals to sue the United States government for damages caused by the negligence or wrongful actions of federal employees acting within the scope of their employment. Before this law, it was very difficult to sue the government due to sovereign immunity. The FTCA essentially waives this immunity, making the U.S. government accountable in situations where a private employer would be held responsible under state law for the actions of its employees.

However, there are important limitations: the government is generally not liable for most intentional wrongful acts by its employees (such as assault or battery), and punitive damages (damages meant to punish, not just compensate) cannot be awarded under the FTCA.

Here are some examples of how the Federal Tort Claims Act might apply:

• Example 1: Negligent Driving by a Federal Employee

  A U.S. Postal Service mail carrier, while on their delivery route, negligently runs a stop sign and causes a collision, injuring another driver. The injured driver could potentially file a claim under the FTCA. This is because the mail carrier is a federal employee acting within their job duties, and a private employer would typically be liable for such negligence by its employee if it occurred in a non-governmental context.

• Example 2: Unsafe Conditions at a Federal Facility

  A visitor to a national park slips and falls on a poorly maintained walkway, suffering a broken leg. The park rangers, who are federal employees, were aware of the hazardous condition but failed to address it or adequately warn visitors. The injured visitor might pursue a claim under the FTCA, arguing that the federal government, through its employees managing the park, was negligent in maintaining a safe environment, similar to how a private property owner might be held responsible for unsafe conditions on their property.

• Example 3: Medical Malpractice at a Government Hospital

  A veteran receives medical treatment at a Department of Veterans Affairs (VA) hospital, and a VA doctor's negligent diagnosis or surgical error leads to a severe and preventable complication. The veteran could file a medical malpractice claim against the U.S. government under the FTCA. This is because the VA doctor is a federal employee, and if this had occurred in a private hospital, the hospital or doctor would likely be liable for the negligence.