If The Postal Service Causes Injury, It Can Be Sued Just Like Any Other Company
People who tumble over mail left in their doorways can sue the U.S. Postal Service, the Supreme Court ruled earlier this spring. Barbara Dolan, a postal customer, brought suit against the United States Postal Service under Federal Tort Claims Act (FTCA) seeking to recover for injuries suffered when she tripped over mail negligently left on her porch by her mail carrier.
In a 7-1 decision, the panel said Dolan could continue her lawsuit against the Post Office when she tripped over packages and letters left on her porch in 2001. Dolan wanted the U.S. Postal Service to pick up the tab for injuries in the fall.
The federal government argued that the Postal Service was immune from lawsuits under a federal statute blocking suits involving the "loss, miscarriage or negligent transmission of letters." Writing for a majority of the court, Justice Anthony Kennedy said the federal law was only intended to cover losses from mail that is misdirected, lost or damaged en route and that "Congress did not intend to immunize all postal activities."
Government lawyers had implored the Supreme Court not to allow the Pennsylvania woman's suit to go forward because they said it would open the floodgates for slip-and-fall claims that would be hard to disprove.
However, the Supreme Court held that under the applicable state law a person injured over a package or bundle negligently left by a private party would have a cause of action for damages, and that the Postal Service should be treated the same as Federal Express or UPS.