Legal Framework for Military Injury Claims

The Federal Tort Claims Act (FTCA)

The Federal Tort Claims Act (FTCA) provides a mechanism for individuals to sue the United States for torts committed by federal employees, including military personnel, in certain circumstances. Under the FTCA, the government waives its sovereign immunity for actions akin to those for which a private person would be liable. This allows military members to bring claims for injuries if they can prove that the government employee’s actions would constitute a tort under state law.

The Feres Doctrine

The Feres Doctrine, established by the Supreme Court in Feres v. United States (1950), significantly limits the ability of military personnel to sue the government for injuries arising out of activities incident to military service. This doctrine precludes service members from bringing claims against the government for injuries sustained while on active duty.

Potential Third-Party Liability

Government Contractors

Service members can pursue claims against military contractors if their negligence or defective products cause injury. This includes manufacturers of military equipment and providers of services such as maintenance or training. Contractors cannot use the Feres Doctrine as a defense, but they have other legal defenses available.

Product and Component Manufacturers

Manufacturers of defective products or components used by the military can be held liable for injuries caused by their products. This includes anything from vehicles and aircraft to smaller equipment and tools.

Other Government Entities

Service members may also sue other government entities if their negligence contributes to an injury. For instance, the FAA can be held liable for air traffic control errors leading to an aviation accident.

Defenses Available to Government Contractors

Government Contractor Defense

Under the government contractor defense, a contractor is not liable for design defects in products if:

1. The United States approved reasonably precise specifications.
2. The product conformed to those specifications.
3. The supplier warned the United States about the dangers of the product that were known to the supplier but not to the government.

Discretionary Function Exception

This defense applies when a contractor’s actions are based on discretionary decisions made by the government. If adjudicating the case would involve second-guessing a government decision, the contractor may be shielded from liability.

Political Question Doctrine

This doctrine can prevent courts from hearing cases that require them to decide issues constitutionally committed to another branch of government, such as military strategy.

Combatant Activities Exception

Contractors engaged in combatant activities under military direction are often protected from liability for injuries caused during these activities, recognizing the inherent dangers of combat operations.

State Secrets Doctrine/State Secrets Privilege

This doctrine allows the government to dismiss cases that would require the disclosure of information that could compromise national security or foreign relations.

Case Study: Kreindler Attorneys and West Point Cadet Injury

Kreindler attorneys successfully represented a West Point cadet who was rendered paraplegic during a training exercise. The case involved overcoming defenses based on the political question doctrine and the government contractor defense. After extensive litigation, Kreindler secured a favorable resolution, demonstrating the complex interplay of legal defenses and the necessity for experienced legal representation.

Importance of Experienced Legal Representation

Given the intricate web of laws and defenses involved in military injury claims, it is crucial for injured service members to seek legal counsel with expertise in this area. Experienced attorneys can navigate the legal complexities, identify liable parties, and develop strategies to overcome defenses such as the government contractor defense and the discretionary function exception.

Conclusion

Military injury claims involve a specialized area of law with numerous challenges. Understanding the legal framework, potential liable parties, and available defenses is essential for successfully pursuing these claims. With expert legal representation, injured service members can achieve justice and compensation for their injuries.