The Federal Tort Claims Act (FTCA) is a crucial piece of legislation that allows private individuals to sue the United States in federal court for most torts committed by persons acting on behalf of the United States. Before the FTCA was enacted in 1946, the doctrine of sovereign immunity prevented such lawsuits. This doctrine essentially stated that “the King can do no wrong,” meaning that the government could not be sued without its consent. The FTCA was a significant departure from this principle, providing a mechanism for citizens to seek redress for injuries caused by the negligent or wrongful acts of federal employees.
Historical Background
The FTCA was passed in the wake of numerous claims against the federal government, especially after incidents like the B-25 bomber crash into the Empire State Building in 1945. Before the FTCA, individuals who were injured by the government had to seek compensation through special legislation passed by Congress. This process was cumbersome and often resulted in inconsistent outcomes. The FTCA was designed to streamline this process and provide a uniform method for individuals to pursue claims against the federal government.