Common use of Tort Liability Clause in Contracts

Tort Liability. The Federal Tort Claims Act (FTCA) is applicable to Guardsmen engaged in Drug Interdiction & Law Enforcement support operations in a Title 32 status. A person whose property is lost, damaged or destroyed, or who suffers personal injury or death as a result of a negligent act or omission of a Guardsman acting within the scope of his employment may file a claim against the United States under the FTCA. The Guard members themselves are generally immune from suit, except for intentional tortuous actions beyond the scope of their duties as authorized, and as otherwise provided for under applicable law. Guardsmen engaged in Drug Interdiction & Law Enforcement Support operations in a state active duty status are entitled to whatever protections and immunities are afforded by state law.