Legal Question in Personal Injury in District of Columbia
Damages Suit Agaianst US Army
May I solicit your views regarding possibility of filing a damages suit against US Army stationed in Afghanistan. My cousin, a Pakistani national, whose tankers are registered with PARCO, contractor for supply of gasoline to US Army, drove his tanker to Bagram Air Base, Headquarter of US Army in Afghanistan on October 13, 2002. There, while his tanker was being unfilled, he went outside the gate of the air base to attend call of nature. Just when he stepped outside the gate, a landmine detonated due to which one of his leg was amputated.
He wasn't provided with any medical facility and had to undertake his surgery in Pakistan.After the incident, the US army on urgent basis installed sign boards telling people that the area is dangerous. They didnt take full precautionaries measures to inform people about the danger.
May I know if it would be possible to file a damages suit against US Army for their criminal negligence? If yes, can you recommend a suitable lawyer/firm to represent the survivor?
1 Answer from Attorneys
Re: Damages Suit Agaianst US Army
Under US law, the US cannot be sued for tort claims against the government where the tort occurred outside the territory of the US. Furthermore, there is the concept of "discretionary function," which protects the govt from claims arising out of performance of acts involving the exercise of discretion. However, other countries have different laws regarding the amenability of foreign governments to suit in their courts, and it is possible that the courts of Pakistan, or even of Afghanistan, might find the US subject to jurisdiction there (it's doubtful, but worth inquiring of lawyers there). Also, look at the terms of the contract - there may be something there on which a claim can be based.
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