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Liability of the United States for Accidental Injuries and Damage

Liability of the United States for Accidental Injuries and Damage. Introduction. Sovereign Immunity Statutes Permitting Claims Against US Personal Liability of Government Employees Affirmative Claims Claims Investigation & Reporting Claims and Safety Interaction. Sovereign Immunity.

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Liability of the United States for Accidental Injuries and Damage

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  1. Liability of the United States for Accidental Injuriesand Damage

  2. Introduction • Sovereign Immunity • Statutes Permitting Claims Against US • Personal Liability of Government Employees • Affirmative Claims • Claims Investigation & Reporting • Claims and Safety Interaction

  3. Sovereign Immunity • Legal doctrine • Private bills in Congress • Construed in favor of government • Some only for administrative claims

  4. Statutes Permitting Claims Against the United States • Scope of Employment • Federal Employees Compensation Act (FECA) • Federal Tort Claims Act (FTCA) • Monetary Claims • In US Territory • Two Years to File • Administrative Claim • Exclusions and Immunities • State Law • Express Exclusions • FERES doctrine • Limits on Damages

  5. Statutes Permitting Claims Against the United States (contd.) • Army Maritime Claims Settlement Act • Foreign Claims Act • Suits in Admiralty Act • Military Claims Act • Status of Forces Agreements • Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)

  6. Personal Liability of Government Employees • Background • Federal Employees Reform Act • Tort Compensation Act • Other Immunities

  7. Affirmative Claims • Federal Medical Care Recovery Act • 10 USC 1095 • Property Damage

  8. Claims Investigation and Reporting Claims Process • Potentially Compensable Events (PCE) • Claims Investigation • Personnel • Procedures • Purpose • Responsibility

  9. Claims Investigation and Reporting Claims Process (contd.) • Liability Assessment • Damage Assessment • Negotiation and Settlement • Litigation • Payment • Prevention

  10. Claims and Safety Interaction • General Considerations • Notice of Accidents/PCE • Coordination of Investigations • Sharing of Information

  11. Good Communication with JAG office Don’t Wait for Accident Keep Commander Informed Document Actions Taken Investigate Actions Thoroughly Publicize Your Existence What can be done to minimize the Government’s exposure to liability?

  12. Boyle Case Elements US Approved Equipment Conformed Supplier Warned Feres Doctrine Extended The Government Contractor Defense

  13. Government Contractor Defense Examples • Oil Debris Detection System, UH-1 • Engine chip detector gathered metal debris • Located at bottom of engine • New system on top of engine • Old system not disengaged • Engine failed • People died • Wiesbaden UH-60 • External fuel stores • One fuel system indicator • Faulty reading • Adversely affects center of gravity • Lost control at 100’ • Burned on impact • Fatalities and severe injuries

  14. Questions

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