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The Federal Tort Claims Act (August 2, 1946, ch. 646, Title IV, 60 Stat. 812, 28 U.S.C. Part VI, Chapter 171 and 28 U.S.C. § 1346) ("FTCA") is a 1946 federal statute that permits private parties to sue the United States in a federal court for most torts committed by persons acting on behalf of the United States.
Dolan v. United States Postal Service, post office immune under the Federal Tort Claims Act; Feres v. United States, 340 U.S. 135 (1950), US immune from suit from members of the military; Warren v. District of Columbia, 444 A.2d. 1, D.C. Ct. of Ap. (1981) holding that the police were not responsible for failing (though repeatedly warned) to ...
The Federal Employees Liability Reform and Tort Compensation Act of 1988, also known as the Westfall Act, is a law passed by the United States Congress that modifies the Federal Tort Claims Act to protect federal employees from common law tort lawsuit while engaged in their duties for the government, while giving private citizens a route to seek damage from the government for violations.
Holding; Although the words "any claims arising out of" an assault or battery in the Federal Tort Claims Act are broad enough to bar all claims based entirely on an assault or battery, in at least some situations, the fact that injury was directly caused by an assault or battery will not preclude liability against the Government for negligently allowing the assault to occur.
28 U.S.C. §§ 1346(b)(1), 2674, 2680(b) (Federal Tort Claims Act) United States Postal Service , 546 U.S. 481 (2006), was a case decided by the Supreme Court of the United States , involving the extent to which the United States Postal Service has sovereign immunity from lawsuits brought by private individuals under the Federal Tort Claims Act .
In tort law, strict liability is the imposition of liability on a party without a finding of fault (such as negligence or tortious intent). The claimant need only prove that the tort occurred and that the defendant was responsible. The law imputes strict liability to situations it considers to be inherently dangerous. [8]
Finley v. United States, 490 U.S. 545 , was a decision of the Supreme Court of the United States addressing the jurisdictional requirements of the Federal Tort Claims Act (FTCA). [1] In response to the Finley decision, the United States Congress enacted a new statute on supplemental jurisdiction, 28 U.S.C. § 1367. [2]
In 1401, the English case Beaulieu v Finglam imposed strict liability for the escape of fire; additionally, strict liability was imposed for the release of cattle. [7] Negligently handling fire was of particular importance in these societies given capacity for destruction and relatively limited firefighting resources.