August 11, 2016

The Federal Tort Claims Act

Just as we as individuals have to be accountable for our actions, each level of government must also adhere to and be aware of outcomes as a result of employees and programs. Believe it or not, it was not until 1946 that the federal government was held accountable by the passing of the Federal Tort Claims Act. This act removed sovereign immunity, “which establishes complete immunity of the government from being sued and found liable in a lawsuit.” Below is a brief description of this passage according to house.gov.
 
What is covered in the Federal Tort Claims Act? “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.
 
What is considered a valid claim? “In order to state a valid claim, the claimant must demonstrate that (1) he was injured or his property was damaged by a federal government employee; (2) the employee was acting within the scope of his official duties; (3) the employee was acting negligently or wrongfully; and (4) the negligent or wrongful act proximately caused the injury or damage of which he complains.

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