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The Federal Tort Claims Act

For the majority of the history of the United States, individuals were not permitted to file a lawsuit
against the United States in civil court. They could have a lawsuit brought against them by the United
States in criminal court but if the government injured a person, it was rather difficult to collect
damages. Fortunately, the Federal Tort Claims Act, or FTCA, came into existence.

The Federal Tort Claims Act was enacted by the United States Congress in 1948. This statute permits
private parties to sue the United States in federal court for the majority of torts that are committed
by persons acting on behalf of the United States. As a result, the FTCA is a waiver of sovereign immunity.
Sovereign immunity is the idea that an ordinary person may not sue the sovereign. It comes from England
where the King or monarch would claim not to be able to be sued.

The FTCA is not carte blanche when it comes to suing the United States, however. The government’s liability
is limited to “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 USC Section 1346(b).
The Federal Tort Claims Act exempts the government from liability in instances where the claim is based
on the performance or the failure to perform a discretionary function or duty. Also, a number of intentional
torts are excluded from the statute.

Contact a Cincinnati Personal Injury Lawyer

If you have been injured by an action or omission of another person, contact the Cincinnati personal injury lawyers at Stepleton Dugan, LLC at 513-321-7733.

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Stepleton Dugan, LLC
6071 Montgomery Road
CincinnatiOH 45213
(513) 321-7733
Stepleton Dugan, LLC
6071 Montgomery Road
Cincinnati, OH 45213
(513) 321-7733

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