David Buckner and Seth Miles

Federal Tort Claims Act

Government entities are generally immune from suit.  However, in 1946, the United States Congress passed the Federal Tort Claims Act (FTCA), which allows a limited waiver of the United States’ immunity, permitting claims for personal injury, loss of property or death caused by the negligence of an employee of the federal government.  28 U.S.C. § 1346(b).  According to the United States Department of Justice, such suits include those arising from medical care or treatment at federal facilities, law enforcement, and maintenance of federal lands. http://www.justice.gov/civil/torts/ftcals/t-ftca.html.   They also arise from the air traffic control activities of the Federal Aviation Administration (FAA).

The FTCA does not allow for jury trials.  Instead, decisions in these cases are made by federal judges sitting as the finder of fact.  Accordingly, these cases require attorneys with significant experience in federal court. Two of the co-founders of Buckner + Miles are former Assistant United States Attorneys who have decades of experience trying cases before federal judges in Florida and around the country.

If you or a loved one has been injured by the negligence of an employee of the United States Government, contact the Federal Tort Claims Act attorneys at Buckner + Miles today by calling (305) 964-8003 for a free evaluation of your case.  Or, you can fill out the contact form on our website, and someone from the firm will contact you.