Non-Commercial Torts in the United States

Discretionary functions excluded

According to research about Non-Commercial Torts from the Federal Judicial Center:See Foreign Immunities Exceptions.

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Popular Topics related with Non-Commercial Torts

• Foreign Sovereign Immunities Act Definition
• Foreign Sovereign Immunities Legislative History
• Immunities and Privileges
• Immunities in International Criminal Law
• Immunity from Seizure
• Immunity Regulations

Non-Commercial Torts in the Foreign Sovereign Immunities Act of 1976

According to research about Non-Commercial Torts from the Federal Judicial Center:Under § 1605(a)(5), a foreign state is not immune for acts (not otherwise covered by the commercial activity exception) in which money damages are sought for personal injury or death, or damage to or loss of property, occurring in the United States and caused by the tortious act or omission of that foreign state or of any official or employee of that foreign state while acting within the scope of his or her office or employment. Prototypical cases include injuries resulting from an automobile accident involving an embassy vehicle and a “slip and fall” in a foreign consulate. Liability under this section is determined by reference to otherwise applicable tort law.171 The statute does not provide a federal standard for assessing liability. Thus, in an action under § 1605(a)(5) alleging that a foreign mission to the United Nations failed to maintain the structural integrity of a common wall during construction, in violation of the New York City building code, state law applied.

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Popular Topics related with Non-Commercial Torts

• Arbitration Immunity
• Foreign Sovereign Immunities Act Instrumentality
• Foreign Sovereign Immunity
• Immunities Clause
• Immunities of International Organizations
• Immunity Means
• Immunity Specialized Agencies