United States v. Olson
Olson sued the Mine Safety and Health Administration (MSHA) under the Federal Tort Claims Act (FTCA) after he was permanently disabled by a nine-ton slab of rock while working in a mine. Olson alleged that the MSHA caused his injury by failing to evaluate several complaints concerning safety hazards in the mine and by failing to adequately inspect the mine. The FTCA waives the federal government’s sovereign immunity for situations in which a private actor would be liable. The district court dismissed Olson’s claim, stating the FTCA does not waive the government’s immunity when there is no private-sector analogue available. In this situation, there was no private-sector analogue because private individuals do not hold regulatory power like the MSHA does. The Ninth Circuit Court of Appeals reversed, holding that the FTCA waives sovereign immunity when a similarly situated municipality or state would be liable.
Question Presented:
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 9th Circuit held, the same as that of state and municipal entities under like circumstances.
