Legal Definitions - law of the place

The term law of the place, in the context of the Federal Tort Claims Act (FTCA), refers to the specific state laws that apply to an injury or incident caused by a federal employee. The FTCA is a federal law that allows individuals to sue the United States government for certain harms caused by the negligence or wrongful acts of federal employees acting within the scope of their employment. When a claim is brought under the FTCA, the legal standards for determining whether the government is liable, and for how much, are not federal laws, but rather the laws of the particular state where the harmful event took place. This means the federal government is treated as if it were a private person, and its liability is judged according to the state law of the location where the injury occurred.

Here are some examples illustrating the application of the "law of the place":

• Example 1: Car Accident with a Federal Employee

  Imagine a U.S. Postal Service delivery driver, while on duty, negligently causes a car accident in Arizona, injuring another motorist. If the injured motorist decides to sue the U.S. government under the FTCA, the "law of the place" dictates that Arizona's traffic laws, negligence standards, and rules for calculating damages (such as medical expenses, lost wages, and pain and suffering) will be applied to the case. The federal court will not use federal traffic laws or a general federal standard for negligence, but rather the specific laws of Arizona.

• Example 2: Medical Malpractice at a VA Hospital

  Suppose a patient receives negligent medical care from a doctor at a Veterans Affairs (VA) hospital located in New York, resulting in significant health complications. If the patient files a lawsuit against the U.S. government under the FTCA, the "law of the place" means that New York's medical malpractice laws will govern the claim. This includes New York's specific standards of care for medical professionals, requirements for expert testimony, and any state-specific rules regarding the types and amounts of damages that can be awarded in such cases.

• Example 3: Slip and Fall on Federal Property

  Consider a visitor who slips and falls on an unmarked wet floor inside a federal building in Colorado, sustaining a serious injury. If the visitor sues the U.S. government under the FTCA, the "law of the place" requires that Colorado's premises liability laws be used to determine liability. This means the court will look to Colorado's legal standards for property owners' duties to maintain safe premises, their obligations to warn visitors of hazards, and how negligence and damages are assessed under Colorado state law, rather than a federal standard for property safety.