Tort law at American Samoa (US)
Tort law in American Samoa is governed by a combination of local statutes and common law principles, with a particular focus on government liability, negligence, and wrongful death claims.
🏛️ Government Tort Liability
American Samoa's Government Tort Liability Act (GTLA), codified in A.S.C.A. § 43.1201 et seq., establishes the framework for holding the territorial government accountable for tortious acts. A significant legislative development occurred in 2013 when Governor Lolo Matalasi Moliga signed into law a bill capping tort liability claims against the government at $500,000. This cap aimed to provide financial stability and address the increasing potential losses the government might face in tort claims .
⚖️ Notable Tort Cases
Bradcock v. American Samoa Government (1995): This case addressed the statute of limitations for government tort claims. The court ruled that a claim accrues when the administrative claim is denied, and plaintiffs have a legal duty to file administrative claims within a reasonable time to avoid being barred by the doctrine of laches .
Utu v. American Samoa Government (1992): In this wrongful death case, the court found negligence on the part of the government for allowing an eleven-year-old to ride on the doorway steps of an overcrowded bus with a faulty door. The court also clarified that siblings with requisite injury may recover under the wrongful death statute, A.S.C.A. § 43.5001 et seq. .
Saufo'i v. American Samoa Government (1992): This case involved a tragic accident where a child enrolled in an Early Childhood Education program was struck by a vehicle. The court held that the government was liable for the negligence of its employee, Salilo Scanlan, who had violated instructions by allowing the child to wander away from the program. The court assessed liability percentages among the involved parties and awarded damages accordingly .
🏢 Direct Action Against Insurers
Under A.S.C.A. § 22.2018, individuals have the right to bring a direct action against an insurer within the terms and limits of the policy, regardless of whether the policy was written or delivered in American Samoa. This provision allows injured parties to seek compensation directly from the insurer of the alleged tortfeasor .
⚠️ Challenges and Considerations
Despite the legal framework, challenges persist in tort law within American Samoa. For instance, in the case of Rufo Alvear Jr., who died in custody in 2010, his family filed a lawsuit against the government for negligence and wrongful death. The complaint alleged that Alvear, who had various medical conditions, was subjected to mistreatment while in custody, highlighting concerns about the government's duty of care .
In summary, tort law in American Samoa is characterized by a blend of statutory provisions and common law principles, with a particular emphasis on government liability and the rights of injured parties to seek redress. While legislative measures like the tort liability cap aim to provide financial stability, ongoing legal challenges underscore the complexities of ensuring justice in tort cases.
RELATED Blog
0 comments