§2674 — Title 28 Judiciary and Judicial Procedure | U.S. Code

Summary

For injury claims, the United States must be treated like a private person in the same situation. The government cannot be ordered to pay interest before a court decides the case, and it cannot be made to pay punitive (punishment) damages. If a death occurred and the local law would allow only punitive damages, the United States must instead pay the actual money losses suffered by the people suing for the deceased. The United States and the Tennessee Valley Authority may use any defenses the employee could have used, including official immunities and other defenses allowed by this law.

Title 28, §2674

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

The United States shall be liable, respecting the provisions of this title relating to tort claims, in the same manner and to the same extent as a private individual under like circumstances, but shall not be liable for interest prior to judgment or for punitive damages. If, however, in any case wherein death was caused, the law of the place where the act or omission complained of occurred provides, or has been construed to provide, for damages only punitive in nature, the United States shall be liable for actual or compensatory damages, measured by the pecuniary injuries resulting from such death to the persons respectively, for whose benefit the action was brought, in lieu thereof. With respect to any claim under this chapter, the United States shall be entitled to assert any defense based upon judicial or legislative immunity which otherwise would have been available to the employee of the United States whose act or omission gave rise to the claim, as well as any other defenses to which the United States is entitled. With respect to any claim to which this section applies, the Tennessee Valley Authority shall be entitled to assert any defense which otherwise would have been available to the employee based upon judicial or legislative immunity, which otherwise would have been available to the employee of the Tennessee Valley Authority whose act or omission gave rise to the claim as well as any other defenses to which the Tennessee Valley Authority is entitled under this chapter.

Notes & Related Subsidiaries

Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., § 931(a) (Aug. 2, 1946, ch. 753, § 410(a), 60 Stat. 843). Section constitutes the liability provisions in the second sentence of section 931(a) of title 28, U.S.C., 1940 ed. Other provisions of section 931(a) of title 28, U.S.C., 1940 ed., are incorporated in section 1346(b), 1402, 2402, 2411, and 2412 of this title, but the provision of such section 931(a) that the United States shall not be liable for interest prior to judgment was omitted as unnecessary in view of section 2411 of this title, which provides that interest on judgments against the United States shall be computed from the date of judgment. Such section 2411 is made applicable to tort-claim actions by section 932 of title 28, U.S.C., 1940 ed. Changes were made in phraseology. Senate Revision AmendmentFor Senate amendment to this section, see 80th Congress

Senate Report No. 1559

, amendment No. 60.

Editorial Notes

Amendments

1988—Pub. L. 100–694 inserted two pars. at end entitling the United States and the Tennessee Valley Authority to assert any defense based upon judicial or legislative immunity.

Statutory Notes and Related Subsidiaries

Effective Date

of 1988 AmendmentAmendment by Pub. L. 100–694 effective Nov. 18, 1988, and applicable to all claims, civil actions, and proceedings pending on, or filed on or after, Nov. 18, 1988, see section 8 of Pub. L. 100–694 set out as a note under section 2679 of this title.

§2674 Liability of United States