---
title: "List the facts that matter if a road claim is against the United States"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/assess-a-roads-authority-s-non-feasance-defence-before-suing-over-a-road/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-W20261018-6-US"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# List the facts that matter if a road claim is against the United States

> Record whether the defendant named is the United States, the road or path named, the act or omission described, and the injury date. Do not say an exception applies, and write no sentence of a plea.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/assess-a-roads-authority-s-non-feasance-defence-before-suing-over-a-road/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | Record whether the defendant named is the United States, the road or path named, the act or omission described, and the injury date. Do not say an exception applies, and write no sentence of a plea. |
| What the lawyer must review | 28 U.S.C. § 2680(a) takes out of the Federal Tort Claims Act a claim based on an act or omission in the execution of a statute or regulation with due care, and a claim based on a discretionary function or duty, whether or not the discretion is abused. Other subsections exclude other claims, including postal matter, tax and customs, and claims arising in a foreign country. The section does not decide a claim against a state or a city. 28 U.S.C. § 2401(b) is the presentment time for a tort claim against the United States. You decide whether subsection (a) fits. |
| Written for | United States |
| Applies to | [Assess a roads authority’s non-feasance defence before suing over a road or footpath injury](https://ailawframework.com/practice/personal-injury-and-compensation/assess-a-roads-authority-s-non-feasance-defence-before-suing-over-a-road.md) |

## Checking plan

- What the AI does: Record whether the defendant named is the United States, the road or path named, the act or omission described, and the injury date. Do not say an exception applies, and write no sentence of a plea.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- A state non-feasance or road-immunity statute was not opened. Do not move § 2680 across to a city or a state.
- Subsection (a) is not a finding that every maintenance choice is discretionary. That decision is yours.

## Sources

- [28 U.S.C. § 2680, Exceptions to the Federal Tort Claims Act](https://www.law.cornell.edu/uscode/text/28/2680) (checked 2026-10-22)
- [28 U.S.C. § 2401, Time for commencing action against the United States](https://www.law.cornell.edu/uscode/text/28/2401) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*