Tort Claims in the United States

Tort Claims Under Federal Statutes

Introduction to Tort Claims

Congress has enacted several laws that allow a person to bring a claim that resembles a tort claim. Although the harmful actions that these federal statutes attempt to prevent or remedy are not similar to traditional torts such as assault or malpractice, the theory behind the remedy is based on tort law. The law of torts has evolved to fill in where criminal law and contract law do not provide sufficient compensation to the victim, because either they do not apply (for example if the parties involved have no agreement) or because their response does not compensate the victim (for example when a person who committed assault is sentenced to jail but the victim seeks to have his medical bills reimbursed).

These federal statutes are generally aimed at preventing discrimination, which occurs when one person does not respond to another as an individual but instead treats that person unfairly because of his or her membership in a group. Federal laws permit individuals to sue if they are the victim of discrimination based on race, gender, age, or physical or mental disabilities. For example, if a woman is denied a job because she is in a wheelchair, she can file a lawsuit under the Americans with Disabilities Act of 1990 against the company that refused to hire her. Similarly, a person who has experienced sexual harassment can bring a claim under the Civil Rights Act of 1964.” (1)

Resources

Notes and References

• Information about Tort Claims in the Encarta Online Encyclopedia

Guide to Tort Claims