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Tag Archives: Tort Claims Act

Tort/Negligence – FTCA – Discretionary Function Exception – State Fair – National Guard Display – Bradley Fighting Vehicle – Child’s Injury (access required)

C.H. v. United States : Plaintiffs’ allegations go beyond the National Guard’s maintenance, management and personnel decisions; they implicate the discretionary decisions of service members who manned the National Guard display at the state fair as to whether or not to allow civilian visitors (including children) to enter a Bradley Fighting Vehicle exhibit, what kind of warning to give civilian visitors (including children) entering the BFV exhibit, and what level of supervision the civilian visitors (including children) entering the BFV exhibit should receive in light of the maintenance, management and personnel decisions that had been made. Such discretionary decisions are not subject to a policy analysis; therefore, they are not shielded by the discretionary function exception to the waiver of sovereign immunity set out in the federal Tort Claims Act.

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