Newsletters

Federal Tort Claims Act -- Federal Government Employees

The Federal Tort Claims Act (FTCA) applies to claims for personal injury caused by the negligence of a federal government employee who is acting within the scope of his or her employment, under circumstances where a private person would be liable under state law. Therefore, the FTCA applies only to personal injury actions that arise from the negligence of a federal government employee.

Pain and Suffering Damages

An injured plaintiff has the right to recover damages for pain and suffering that he might suffer as a result of a defendant's tortious act against the plaintiff. Pain and suffering damages frequently constitute the largest portion of personal injury awards.

Liability of Air Traffic Controllers

Air traffic controllers are responsible for the flow of air traffic in and around airports. The controllers must be licensed by the Federal Aviation Administration (FAA). The duties of the controllers are set forth in operations manuals that are prepared by the FAA. The controllers must transmit the information that is set forth in the manuals and must take all steps that are necessary for the safety of pilots and passengers.

Res Ipsa Loquitur

In a personal injury action, a plaintiff usually must prove that a defendant was negligent and that the defendant's negligence caused the plaintiff's injuries. However, in some cases, there is no direct evidence of negligence. For example, spectators are watching a basketball game in a high school gymnasium.

The Bill Emerson Good Samaritan Food Donation Act

The Bill Emerson Good Samaritan Food Donation Act is a federal law designed to encourage the donation of food and grocery products to nonprofit organizations by limiting the legal liability of donors. The Act is named after its sponsor, Bill Emerson, a former member of the U.S. House of Representatives from Missouri. President Bill Clinton signed the Act into law in 1996.