Although torts can be categorized many ways, one way torts are divided is into negligent and intentional torts. Negligent torts arise mainly from automobile accidents and accidents from personal injury. This may include medical malpractice and defects in products. Intentional torts are acts that are intentional and are reasonably foreseeable to cause harm to someone. There are several categories of intentional torts. The first category is torts against a person. This category includes battery, assault, fraud, false imprisonment, and emotional distress.
The second category of intentional torts is property torts which involves interference with the property rights of the owner. This interference may include trespassing, nuisances, or conversion. “The key difference between intentional torts and negligent torts is that the plaintiff must prove the additional element that the defendant acted with the specific intent or mental state of intentionally performing the act which was the proximate cause of the plaintiff’s injuries” (Intentional tort, 2009, para. 3). Under the federal system, state courts and the legislature have the responsibility to develop tort laws.
Exceptions to the Federal Tort Claims Act Under the Federal Tort Claims Act, there are 3 exceptions under which the government cannot be held liable. This includes circumstances where a private person may be held liable under state law. The first exception is the Feres doctrine. This doctrine prohibits military members from suing the government for injuries they receive during service. The second exception is the discretionary function exception, which “immunizes the federal government from suits “based upon the exercise or performance or the failure to exercise or perform a discretionary function” (Congressional Research Service, 2007, pg.
10). The third exception is the intentional tort exception. This exception prevents suits being brought against the federal government for assault, battery and several other intentional torts. The only exception is if a federal law enforcement or investigative official commits the act. Procedure of the Federal Tort Claims Act Before a suit can be filed under the Federal Tort Claims Act, an administrative claim has to be submitted to the agency who employs the person whom caused an injury by act or omission within two years.
The claim has to state the amount damages sought and has to provide enough information to ensure the agency can investigate the claim. After the claim is filed, the agency has six months to make a decision on the claim. During that time, the agency has the option to deny the claim or try to negotiate a settlement. At any time the agency denies the claim, a suit can be filed in federal court. If the agency has not denied a claim or settled within the six month period a suit can then be filed in federal court. A suit must be submitted in the appropriate US District Court and served on the appropriate US Attorney and Attorney General.
Since jury trials are not allowed in suits filed under FTCA a US district court judge will hear and decide the case. Federal Tort Claims Act and justice and security agencies Although the filing a suit under the Federal Tort Claims Act, every year the federal government pays millions of dollars to victims who file claims under FTCA. All justice and security agencies are at risk of having claims filed against the agency. The agencies have to make sure they do everything in their power to avoid having claims brought against them.
If a claim is filed against the agency, they must have the ability and resources to fight the claims to the end. References Congressional Research Service . (2007). Federal Tort Claims Act. Retrieved September 12, 2009, from http://www. fas. org/sgp/crs/misc/95-717. pdf Gifford, D. G. (2005). “Tort” The Oxford Companion to the Supreme Court of the United States. Kermit L. Hall. Oxford University Press. Oxford Reference Online. Oxford University Press. Apollo Group. 10 September 2009 <http://www. oxfordreference. com/views/ENTRY. html? subview=Main&entry=t184.
e1235> Intentional tort. (2009, August 8). In Wikipedia, The Free Encyclopedia. Retrieved 08:34, August 8, 2009, from http://en. wikipedia. org/w/index. php? title=Intentional_tort&oldid=306761043 Quinton, M. (n. d. ). The Federal Tort Claims Act: An Overview. Quinton & Petix . Retrieved September 13, 2009, from http://www. quintonpetix. com/fedtorac. htm#PRACTICE AND Sovereign immunity. (2009, August 22). In Wikipedia, The Free Encyclopedia. Retrieved September 12, 2009, from http://en. wikipedia. org/w/index. php? title=Sovereign_immunity&oldid=309496503