Federal Tort Claims
Craft & Sheppard, PLC | Attorneys at Law
The Federal Tort Claims Act (FTCA), 28 U.S.C.
§ 1346(b), 2671-2680, is the statute by which the United States authorizes tort suits to be brought against itself. As a result of the common law doctrine of sovereign immunity, “the United States cannot be sued without its consent.” “Congress alone has the power to waive or qualify that immunity.” In 1946, by enacting the FTCA, Congress waived sovereign immunity for some tort suits. With exceptions, it made the United States liable for injury or loss of property, or personal injury or death caused by the negligent or wrongful act or omission of any employee of the government while acting within the scope of his office or employment, under circumstances where the United States, if a private person would be liable to the claimant in accordance with the law of the place where the act or omission occurred. 28 U.S.C.
§ 1346(b).
Thus, the FTCA makes the United States liable for the torts of its employees to the extent that private employers are liable under state law for the torts of their employees. The fact that state law would make a state or municipal entity — as opposed to a private person — liable under like circumstances is not sufficient to make the United States liable under the FTCA.
Prior to filing suit under the FTCA, a claimant must present his claim to the federal agency out of whose activities the claim arises. 28 U.S.C.
§ 2675. This must be done within two years after the claim accrues. 28 U.S.C.
§ 2401. If, within six months after receiving a claim, the agency mails a denial of the claim to the claimant, then the claimant has six months to file suit in federal district court. 28 U.S.C.
§
§ 2401, 2675. No period of limitations applies to a plaintiff if the agency fails to act within six months after receiving his claim. Suits under the FTCA are tried without a jury. 28 U.S.C.
§ 2402.
If you have been injured as a result of medical malpractice or other tort, please call Craft & Sheppard PLC for a free initial consulation.
