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Tort – Government Not Liable for Stability Test

By Deborah Elkins
Published: June 30, 2009

The government’s certification of a double-pontoon vessel to carry 25 persons does not mean Federal Tort Claims Act liability for passenger deaths after the vessel capsized, as the government’s “stability proof tests” come under the discretionary function exception federal tort liability.
Indemnity Insurance Co. of North America v. U.S. (VLW 009-2-115) (11 pp.)


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