FEDERAL TORT CLAIMS ACT-INJURIES
The Federal Tort Claims Act (FTCA) is a 1946 federal statute that permits private parties to sue the United States in a federal court for most torts (injuries) committed by persons acting on behalf of the United States. The United States is liable to the same extent an individual would be in like circumstances. The statute substitutes the United States as the defendant in such a suit and the United States—not the individual employee—bears any resulting liability for injuries.
Under the FTCA, the federal government acts as a self-insurer, and recognizes liability for the negligent or wrongful acts or omissions of its employees and/or facilities (postal workers, V.A. Administration, Social Security Administration, federal public buildings, national forests, etc.) acting within the scope of their official duties. Also, under the FTCA, the U.S. is subject to liability for the negligence of an independent contractor only if it can be shown that the government had authority to control the detailed physical performance of the contractor and exercised substantial supervision over its day-to-day activities and that independent contractor caused the injuries.
Individuals who are injured or whose property is damaged by the wrongful or negligent act of a federal employee acting in the scope of his or her official duties may file a claim with the government for reimbursement for that injury or damage. To state a valid claim, the claimant must demonstrate that (1) personal injury or property damage was by a federal government employee; (2) the employee was acting within the scope of his official duties; (3) the employee (or premises owned by federal government) was acting negligently or wrongfully; and (4) the negligent or wrongful act proximately caused the injury or damage. The claimant must also provide documentation establishing that his claim satisfies all the elements of the FTCA.
28 U.S.C. S 2680(h) provides that the government is NOT liable when any of its agents commits the torts of assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or interference with contract rights. However, it also provides an exception. The government is liable if a law enforcement officer commits assault, battery, false imprisonment, false arrest, abuse of process, or malicious prosecution. The government is not liable if the claim against law enforcement officers is for libel, slander, misrepresentation, deceit, or interference with contract. Congress has not waived the government’s sovereign immunity against all law enforcement acts or omissions.
So as you can see, federal tort claims can be a complicated procedure. If you believe you have a claim of this nature, contact Ron Kim Law and let them review your Federal Tort Claims injury and how to proceed with your claims for injury.
