Legal Definitions - Tort Claims Act

A TortClaims Act is a specific law that allows individuals to sue a government entity for harm (known as a "tort") caused by its employees while they are performing their official duties. Historically, governments were protected by "sovereign immunity," meaning they could not be sued without their express permission. These acts represent a waiver of that immunity, providing a pathway for citizens to seek compensation for injuries or damages resulting from government negligence or wrongdoing, much like one would sue a private employer.

These laws, such as the Federal Tort Claims Act (FTCA) in the United States, typically outline the specific conditions under which the government can be sued. They often include limitations, such as excluding claims for certain types of intentional acts by employees, setting caps on the amount of damages that can be awarded, or requiring specific procedures and deadlines for filing a claim. Most states also have their own versions of Tort Claims Acts, allowing their respective state and local governments to be sued under similar, but often varying, conditions.

Here are some examples illustrating how a Tort Claims Act might apply:

• A postal delivery driver causes an accident: Imagine a U.S. Postal Service employee, while on their designated delivery route, negligently runs a stop sign and collides with a private citizen's car, causing significant damage and personal injury.

  Explanation: Under the Federal Tort Claims Act (FTCA), the injured citizen could sue the U.S. government for the negligence of the postal worker, because the employee was acting within the scope of their federal employment when the accident occurred. Without the FTCA, sovereign immunity would likely prevent such a lawsuit.

• Injury due to poorly maintained public property: A city public works crew completes a repair on a municipal sidewalk but fails to properly mark or barricade a dangerous, uneven section. A pedestrian subsequently trips over this hazard, breaking their ankle.

  Explanation: The pedestrian could potentially file a claim against the city government under a state or local Tort Claims Act. The act would allow the city to be sued for the negligence of its employees in maintaining public property, as their actions (or inactions) were part of their official duties.

• Medical malpractice at a government hospital: A patient receives negligent care from a doctor employed by a state-run hospital, leading to a severe complication that could have been avoided.

  Explanation: The patient could pursue a medical malpractice claim against the state government, relying on the state's Tort Claims Act. This law would permit the state to be held accountable for the professional negligence of its employee (the doctor) while providing services within the scope of their employment at a state facility.