Limitations
Under the FTCA, "he United States liable . . . in the same manner and to the same extent as a private individual under like circumstances, but liable for interest prior to judgment or for punitive damages." 28 U.S.C. 2674. Federal courts have jurisdiction over such claims, but apply the law of the state "where the act or omission occurred." 28 U.S.C. 1346(b). Thus, both federal and state law may impose limitations on liability. The FTCA exempts, among other things, claims based upon the performance, or failure to perform a "discretionary function or duty." The FTCA also exempts a number of intentional torts.
The Supreme Court of the United States has limited the use of the FTCA in cases involving the military in the Feres doctrine.
Read more about this topic: Federal Tort Claims Act
Famous quotes containing the word limitations:
“The limitations of pleasure cannot be overcome by more pleasure.”
—Mason Cooley (b. 1927)
“... art transcends its limitations only by staying within them.”
—Flannery O’Connor (1925–1964)
“Much of what contrives to create critical moments in parenting stems from a fundamental misunderstanding as to what the child is capable of at any given age. If a parent misjudges a child’s limitations as well as his own abilities, the potential exists for unreasonable expectations, frustration, disappointment and an unrealistic belief that what the child really needs is to be punished.”
—Lawrence Balter (20th century)