United States v. Olson
Issues
When the federal government is sued under the Federal Tort Claims Act for failure to properly inspect a mine as required by statute, is it liable under state tort law in the way that a private individual is liable, or is it liable in the same way as a state or municipal government, as the Ninth Circuit held?
Respondent Joseph Olson was injured and nearly killed when a nine-ton rock fell on him while he was working in a mine in Arizona. In his suit for damages he alleged that the federal agency responsible for ensuring his safety, the Federal Mine Safety and Health Administration, was negligent in its inspection of the mine and was responsible for his injuries. The federal government argued in its defense that under the Federal Tort Claims Act it can be held liable under state law only in the way in which a private person, not a government agency, is held liable. Thus, the government urged that since there was no like action against private persons for this type of situation, it could not be held liable. This case may have potentially significant effects not just on individuals and their ability to sue the federal government, but also federal agencies and their ability to avoid tort liability during the course of carrying out their duties.
Questions as Framed for the Court by the Parties
Whether the liability of the United States under the Federal Tort Claims Act with respect to safety inspections is the same as that of private individuals under like circumstances or, as the Ninth Circuit held, the same as that of state and municipal entities under like circumstances.
The Respondents, Joseph Olson and Javier Vargas, were injured on January 31, 2000 while working at the Mission Mine, an underground copper mine operated by ASARCO, Inc., in Sahuarito, Arizona. Brief for Respondents at 1, United States v. Olson, U.S. (No.