c. Conditions for Filing Suit Against the Government.
(1)
Negligent act. A negligent act was committed by a Government
employee.
(2) Scope of employment. The employee was acting within the scope of his
or her employment.
(3)
Injury. The negligent act resulted in injury.
(4)
Causation. There was a causal link between the negligent act and
injury.
ACTING WITHIN THE SCOPE OF EMPLOYMENT
A soldier, driving a military truck, swerves across the centerline because he fell asleep
at the wheel or wasn't looking. His negligence causes an injury to the civilian whose car
he crashes into. In this situation, a negligent act was committed within the employee's
scope of employment, and it caused an injury. Therefore, the Government could be
liable for the negligent act of the soldier.
d. ExceptIons. Intentional torts, claims arising from combat activities, and
claims arising in foreign countries are not covered.
e. Proper Claimants. The public at large, military family members, and retirees
from the US military service can file suit under the Federal Tort Claims Act. Suit can be
filed for injury to a soldier or a retiree that is not incident to service and for any injury to
military family members.
5-5.
FERES DOCTRINE: SERVICE-CONNECTED INJURIES NOT INCLUDED
a. Limitations on the Federal Tort Claims Act. The Feres doctrine restricts
the applicability of the Federal Tort Claims Act. It states: "The Government is not liable
for injuries under the Federal Tort Claims Act for injuries to service members where the
injuries arise out of or are in the course of activity incident to service." The Feres
doctrine was developed in response to service members using the Federal Tort Claims
Act to file suit against the Government. Congress maintains that military personnel are
already covered for the peculiar dangers to which they are exposed through the
elaborate provisions for allowances, retirement benefits, and medical and hospital
treatment, which are always available.
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