Military Claims Act

The Military Claims Act is, in some ways, related to the Federal Tort Claims Act (FTCA). Hoever, whereas the FTCA is only applicable to claims involving military activities inside the United States, the Military Claims Act addresses claims against the federal government for accidents outside the U.S.

There are similar provisions in the Military Claims Act as well. A two-year statute of limitations applies, any combatant activities in times of war are exempt from litigation, and because of the Feres Doctrine, the government is immune to any personal injury or wrongful death claims brought by active military personnel.

In the case of U.S. Air Force Flight IFO-21, a military flight carrying U.S. government officials and private citizens, an improperly designed instrument approach chart led to a crash in Croatia. Plaintiffs were able to bring a claim against the federal government under the Military Claims Act for failure of command and aircrew error.