Under the FTCA, can the U.S. be the defendant for a negligent tort?

Under the FTCA, can the U.S. be the defendant for a negligent tort?

• A. No
• B. Yes, but only if the federal actor was acting within the color of law
• C. Yes in all cases
• D. Only for intentional torts

Answer: (B)

The key idea is that the Federal Tort Claims Act lets the United States be sued for negligent acts by federal employees if those acts are within the employee’s official duties and would be tortious if a private person did them. In other words, the U.S. can be the defendant for a negligent tort when the federal actor is acting within the scope of their employment and under authority of law. That’s why the best choice says yes, but only if the federal actor was acting within the color of law. If the act is outside the scope of employment or falls under one of the FTCA’s exceptions, sovereign immunity would bar the suit. The other options are off because they either deny the waiver for negligent acts, claim it applies in all cases, or suggest it only covers intentional torts.

The key idea is that the Federal Tort Claims Act lets the United States be sued for negligent acts by federal employees if those acts are within the employee’s official duties and would be tortious if a private person did them. In other words, the U.S. can be the defendant for a negligent tort when the federal actor is acting within the scope of their employment and under authority of law. That’s why the best choice says yes, but only if the federal actor was acting within the color of law. If the act is outside the scope of employment or falls under one of the FTCA’s exceptions, sovereign immunity would bar the suit. The other options are off because they either deny the waiver for negligent acts, claim it applies in all cases, or suggest it only covers intentional torts.