Punish the Crown, but Protect the Government: A Comparative Analysis of State Tort Liability for Exemplary Damages in England and Punitive Damages in the United States

Authors

• Bradley Raboin

Abstract

The article examines the contrasting approaches of the United States and England regarding punitive and exemplary damages in tort claims against the government. While the U.S. prohibits punitive damages against the government under the Federal Tort Claims Act (FTCA), England allows exemplary damages against the Crown in specific cases. The author argues that England's approach, which holds the government accountable through exemplary damages, is preferable and suggests that the U.S. should consider a similar, regulated approach to enhance government accountability.

Disciplines

Evidence | Law | Law and Society | Legal Remedies | Torts

Recommended Citation

Bradley Raboin, Punish the Crown, but Protect the Government: A Comparative Analysis of State Tort Liability for Exemplary Damages in England and Punitive Damages in the United States, 24 Cardozo J. Int'l & Comp. L. 261 (2016).
Available at: https://larc.cardozo.yu.edu/cjicl/vol24/iss2/2