Solution
David answered on
Dec 23 2021
Tort
Running Head: TORT
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TORT
Tort
Name
Institution
Tort
Introduction
The Federal Tort Claims Act was passed in 1946 allowing persons who have been wounded by wrongful acts or negligence, as well as omissions of the federal employees, to seek and receive compensation from the federal government. The Act offers an exclusive means in which people can seek compensation in case they are injured hence reducing tort liabilities (Anderson, 2002, p. 86). This treatise discusses the Federal Tort Claim of 1946 and how it applies to local justice and security agencies. In addition, it gives limelight to issues of risk related to civil liability as it applies to crime, justice, and security organizations.
The Federal Tort Claims Act of 1946
Under the common law, sovereign states were immune from civil or criminal suits from citizens. Resulting from the nation’s development, government activities became prevalent in the private sector, which resulted to increased remediless injuries that were attributable to the federal government through acts of its workers and officers. Prior to enacting the Federal Tort Claims Act, the congress recompensed the injuries with numerous sovereign immunity waivers. In that case, the Federal Tort Claims Act does represent resolutions of long struggles (The United States Department of Justice, n.d). The Federal Tort Claims Act of 1946 has been the official mechanism for ensuring people who have suffered personal injury, or loss of property through negligent and illegal action of employees of the federal government are fully compensated. The Act makes the US liable for all forms of injuries that are caused by its employees. However, the US government cannot be held liable in three major exceptions. First is under Feres doctrine that prohibits suits from military groups for injuries that are sustained in their line of duty. Second is under the discretionary role exception, which does immunize the US for omissions or acts of its workers that entail policy decisions, and finally the deliberate tort exception, which prevents suits against the US government for battery and assault (Cohen & Bu
ows, 2007, pp. 1-2). The Act was passed in an attempt of reducing the negative impact of sovereign immunity doctrine. In addition, it was passed owing to the heightened increase of persons injured by government’s negligent actions. The litigation under this Act covers a number of torts arising from medical malpractice, issues su
ounding law enforcement, regulatory activities as well as preservation of federal land (The United States Department of Justice, n.d).
The Federal Tort Claims Act of 1946, Local Justice, and Security Agencies
The enactment of the Federal Tort Claims Act in 1946 by the US congress has been a landmark in developing tort law. The Act allows suit to be
ought against the US government for any tortuous actions of its workers and officers. It focuses on fulfilling its major objectives of offering justice to local citizens who have been injured by government’s illegal acts. The act is important as it ensures justice to all citizens allowing persons harmed by an alleged wrongdoing to have a trial in order to establish on...