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    [Topics] [Phillip Kolczynski's Biography]

This section of the Aviation Law Forum is devoted to issues related to Military Aviation:  Accident Investigations, Releasable Accident Reports, Confidential Safety Mishap Reports, Feres Doctrine, Government Contractors Defense.

 


Dear Phil: Is it true that people cannot sue the United States Government in a military aircrash disaster? CAPTAIN JONES
......................................................................
Dear Captain Jones: In order to answer your question, we have to define what you mean by "people." I know this sounds strange, but the law allows certain categories of people to sue the Government for negligence associated with military operations, while other classes of people are not permitted to sue the Government.

Generally civilians, who are not employees of the Federal Government, and are not in the military service, are permitted to sue the United States Government under the Federal Tort Claims Act. Military personnel, who are killed or injured while serving "incident to service" are not permitted to sue the United States Government because of a principle established by the United States Supreme Court over 50 years ago known as the Feres Doctrine. The Feres Doctrine precludes service personnel, injured "incident to service," from suing the Government, because The Supreme Court believed that such lawsuits would interfere with military order and discipline. The Supreme Court also believed that Veteran's Benefits were sufficient to compensate service persons and their families for their injury or death. This is the same concept whereby workers' compensation insurance benefits are determined by legislative enactments to be an adequate remedy when a worker is injured or killed on the job.

Civilian employees of the United States Government cannot normally sue the United States Government because they are provided with Federal Employees Compensation Act Benefits (Federal Workers' Compensation) which constitute their sole remedy for injury or death on the job while working for Uncle Sam. These Federal Government employees, as well as, military service personnel, may sue private parties if they can prove the private party caused or contributed to their injuries or death.

I LIKE CARRIER LANDINGS! PHIL

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