ABA Family Legal Guide

Personal Injury

Negligence

Injuries on Others' Property

My son received an injury during basic training in the U.S. Army. May he recover damages from the federal government?

No. People in the armed services who receive injuries during the course of their duties are not permitted to recover for their injuries. The Federal Tort Claims Act (FTCA) allows people to sue the United States for certain tortious acts committed by its employees. However, the U.S. Supreme Court has stated that there is a broad exception for those serving in the military. The Court explained in a 1950 case that "the Government is not liable under the Federal Tort Claims Act for injuries to servicemen where the injuries arise out of or are in the course of activity incident to service."

For other kinds of claims, the Federal Tort Claims Act provides that the federal government can be sued in tort "in the same manner and to the same extent as a private individual under the circumstances." People injured by federal governmental employees who act within the scope of their office may bring suit in a federal district court against the government for negligent acts. A high proportion of such claims arise out of automobile accidents. Before suing in federal district court, the aggrieved person first files a claim with the appropriate administrative agency that allegedly caused the harm. If the agency fails to respond to or rejects the claim within six months, the person can sue in federal court. The federal courts must follow the law of the state in which the tort allegedly occurred. The federal judge serves as the judge and jury (fact finder) in these cases. There are many exceptions under the FTCA. A person injured by a federal governmental employee should consult a lawyer who is well versed in this area of the law.