If the United States Government is responsible for an accident, it can be sued just like any other wrongdoer under the Federal Tort Claims Act.  But there’s an important exception — the federal government cannot be sued for bad decisions that the government left to the federal employee’s best judgment.  The "Discretionary Function Exception" is perhaps the most important limitation on a victim’s right to sue the government when it causes injury or death.  And the exception is complicated. Claire Choo helps unravel it.

 

Tort Claims Act  

  • harvey douglas

    hot air balloon crash july 30 2016 lockhart texas near austin texas killed all on board including my son and his wife. dose this mean that i can’t sue the FAA because of the discretionary fuunction yet the FAA premitted a pilot according to NTSB investigation that should not have been flying due to drugs etc?
    harvey douglas