When Can You Sue the Federal Government?

A Strategic Guide to FTCA Claims

When harm is caused by the federal government, most assume there is no legal recourse. In many cases, that’s true—sovereign immunity protects the United States from suit.

But under the Federal Tort Claims Act (FTCA), there are limited and highly technical circumstances where individuals and businesses can pursue claims against the government.

Understanding those boundaries is critical—because in FTCA litigation, success depends on precision from day one. Our team regularly advises clients in complex federal investigations and government-facing matters.

What Is the Federal Tort Claims Act?

The Federal Tort Claims Act (FTCA) allows individuals to sue the United States for injuries caused by federal employees acting within the scope of their employment.

However, this is not a broad waiver. The FTCA is a narrow statutory pathway, and eligibility often turns on nuanced legal distinctions that can determine whether a claim survives—or is dismissed early.

When You Can Sue the Federal Government

Under the FTCA, the United States may be held liable where a private party would be liable under similar circumstances. These claims often overlap with broader issues involving constitutional rights and government overreach.

Common FTCA Claims Include:

Federal Employee Negligence

• Car accidents involving government vehicles (e.g., USPS drivers)

• Negligent acts by federal employees performing official duties

Unsafe Conditions on Federal Property

• Slip and falls or injuries caused by hazardous conditions

• Failure to maintain federally owned premises

Wrongful Death Claims

• Fatal injuries caused by negligent federal conduct

Law Enforcement Misconduct (Limited Exception)

• Assault

• Battery

• False imprisonment

• Malicious prosecution

These claims are only viable if the conduct occurred within the scope of federal employment.

Key FTCA Exceptions That Can Bar Your Claim

Many valid injuries never result in recovery because they fall within one of the FTCA’s broad exceptions.

1. The Discretionary Function Exception

This is one of the most significant barriers to recovery.

If the conduct involved policy judgment or decision-making, the government is immune—even if the decision caused harm.

Examples include:

• Security decisions at federal facilities

• Regulatory or enforcement choices by federal agencies

2. Intentional Tort Exceptions

Most intentional torts are excluded, including:

• Defamation (libel and slander)

• Misrepresentation

• Interference with contract rights

The only exception applies to certain acts by federal law enforcement officers.

3. Misrepresentation and Fraud Claims

Claims based on reliance on incorrect government information—such as inaccurate records or guidance—are typically barred.

4. Foreign Country Exception

The FTCA does not apply to injuries that occur outside the United States, even if caused by federal employees.

5. Independent Contractor Limitation

The government is not liable for the actions of independent contractors working on federal projects.

Why FTCA Claims Are High-Stakes—and High-Risk

FTCA claims are procedurally and strategically complex. Key challenges include:

• Strict administrative filing requirements before litigation

• Short deadlines that can permanently bar recovery

• Jurisdictional issues unique to federal claims

• Aggressive government defenses based on statutory exceptions

Even strong cases can fail without careful legal positioning from the outset.

The Bottom Line

The FTCA provides a rare opportunity to hold the federal government accountable—but only within tightly defined limits.

Knowing whether your claim fits within those limits requires more than a surface-level analysis. It requires strategy.

Work With Experienced FTCA Counsel

At Binnall Law Group, we represent clients nationwide in complex, high-stakes matters involving the federal government, including FTCA claims, investigations, and constitutional litigation.

If you are considering a claim or need to evaluate your legal options, our team is prepared to provide discreet, strategic guidance from the outset.

Contact Binnall Law Group today to schedule a confidential consultation.