MSHA liability for injuries -- a continuing sage

摘要

The Ninth Circuit had correctly observed that the U.S. can be liable in the same way as a "private party" under state law. In Arizona, where this case arose, the court concluded that there is no private-sector equivalent to a claim of damages sustained due to the failure of a government agency to inspect. The Ninth Circuit said, "The question thus becomes whether under Arizona law, state and municipal entities would be liable under like circumstances." The answer was yes, according to the Ninth Circuit. The U.S. Supreme Court completely rejected such a theory of liability. The Supreme Court said that the Federal Tort Claims Act does not authorize suit in cases where a state or municipal agency would be liable, but rather only where a "private person" would be liable.