State or Federal Tort Claims Act of 1946 Paper

1480 words 6 pages
State or Federal Tort Claims
December 15, 2014

State or Federal Tort Claims
The Constitution of the United States has the amendments in place to protect the citizens from the violation of his or her rights by the government. The Federal Tort Claim Act of 1946 is enacted to ensure the citizens of the United States will receive the proper compensation or if the citizens want to sue the federal government. The Federal Tort Claim Act of 1946 will provide the citizens of the United States enough cushion to go around the immunity for federal employees. Before the enactment of the Federal Tort Claim Act of 1946, the citizens would have no possible way of suing the federal government for wrongdoing. It allows federal employees the
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The Discretionary Activity Exception in the Texas Tort Claims Act will not waive the immunity of state workers; however, it creates various guidelines that include civil liability (Figley, 2009). The government will have the authority to determine if an employee will waive his or her immunity. For example in an emergency situation the ambulance or police run over a pedestrian on the way to an emergency, with flashing lights and sirens, the government will have to make a determination if it is negligence or not. The government will have to determine if the pedestrian is at fault. So if the pedestrian walks in front of the ambulance or police, the emergency responder will not be at fault. This means the pedestrian can not sue; however, if it is an emergency responder’s fault he or she can receive a lawsuit.
Within the Texas Tort Claims Act government agencies cannot be liable; however, if the plaintiff can establish an exception, it will allow him or her to gain a lawsuit against the government or employee. A teacher, a police officer, EMT, and firefighters a plaintiff can name in a lawsuit; however, the plaintiff will need credible evidence to begin a lawsuit. A state or federal employee will have a limit on the amount a plaintiff can receive. Citizens who sue a government or state employee will have to prove the worker is at fault, the plaintiff or citizen can receive up to $250,000 per each name within the lawsuit; however, the plaintiff