Federal Tort Claims Act
E494919
The Federal Tort Claims Act is a U.S. federal statute that allows private individuals to sue the United States government for certain torts committed by federal employees acting within the scope of their employment.
Statements (54)
| Predicate | Object |
|---|---|
| instanceOf |
United States federal statute
ⓘ
tort law statute ⓘ waiver of sovereign immunity ⓘ |
| administeredBy | United States Department of Justice NERFINISHED ⓘ |
| allows | private individuals to sue the United States for certain torts ⓘ |
| appliesTo |
federal agencies as defined in 28 U.S.C. § 2671
ⓘ
officers and employees of any federal agency ⓘ torts committed by federal employees ⓘ |
| choiceOfLaw | law of the place where the act or omission occurred ⓘ |
| codifiedAt |
28 U.S.C. §§ 1346(b)
ⓘ
28 U.S.C. §§ 2671–2680 ⓘ |
| country |
United States of America
ⓘ
surface form:
United States
|
| defendant | United States of America NERFINISHED ⓘ |
| doesNotApplyTo | independent contractors of the United States ⓘ |
| effectiveFrom | 1946 ⓘ |
| enactedBy | United States Congress ⓘ |
| enactedInYear | 1946 ⓘ |
| excludes |
claims arising from activities of the Tennessee Valley Authority under separate statute
ⓘ
claims arising from certain tax and customs activities ⓘ claims arising from discretionary functions ⓘ claims arising from postal service loss, miscarriage, or negligent transmission of letters or postal matter ⓘ claims arising from quarantine activities ⓘ claims arising out of combatant activities during time of war ⓘ most intentional torts by federal employees ⓘ |
| governs | tort claims against the United States ⓘ |
| hasAcronym | FTCA NERFINISHED ⓘ |
| historicalContext | enacted in response to limitations of private bills for tort claims against the United States ⓘ |
| litigatedBy | civil division of the U.S. Department of Justice NERFINISHED ⓘ |
| partOf | Judicial Code of 1946 NERFINISHED ⓘ |
| primaryJurisdiction | federal courts of the United States NERFINISHED ⓘ |
| prohibits | naming individual federal employees as defendants for covered claims ⓘ |
| provides |
exclusive remedy for many torts by federal employees
ⓘ
jury trials are not available; cases tried by judge ⓘ no prejudgment interest against the United States ⓘ no punitive damages against the United States ⓘ |
| purpose |
to place the United States in similar position to a private party in tort
ⓘ
to provide compensation to persons injured by the negligence of federal employees ⓘ |
| relatedTo |
Bivens actions
NERFINISHED
ⓘ
Federal Employees Liability Reform and Tort Compensation Act of 1988 NERFINISHED ⓘ Westfall Act NERFINISHED ⓘ sovereign immunity doctrine ⓘ |
| requires |
administrative claim before filing suit
ⓘ
federal employees to be acting within the scope of employment ⓘ presentment of claim to appropriate federal agency ⓘ sum certain demand in administrative claim ⓘ |
| setsTimeLimit |
six months to file suit after agency denial
ⓘ
two years to present administrative claim ⓘ |
| signedBy | Harry S. Truman NERFINISHED ⓘ |
| subjectMatter |
medical malpractice by federal employees
ⓘ
motor vehicle accidents caused by federal employees ⓘ negligence claims against the United States ⓘ premises liability involving federal property ⓘ wrongful acts or omissions of federal employees ⓘ |
| waives | sovereign immunity of the United States for certain torts ⓘ |
Referenced by (1)
Full triples — surface form annotated when it differs from this entity's canonical label.