HARTFORD, Conn. (AP) — It's generally difficult to sue the U.S. Postal Service for lost, delayed, or mishandled mail. But a case brought before the U.S. Supreme Court by a Texas landlord, who claims her mail was withheld for two years, might challenge this norm. The cash-strapped Postal Service is worried this could lead to a flood of lawsuits tied to the common issue of missing mail—a concern that becomes more pertinent during the busy holiday season.
The legal battle centers on whether an exemption for the postal service applies in situations where postal employees intentionally fail to deliver mail. The Federal Tort Claims Act permits individuals to sue the federal government for damages inflicted by negligent actions of federal employees, but it features explicit exceptions for certain scenarios, including those regarding the loss or negligent transmission of mail.
We might see numerous lawsuits if the landlord prevails, expressed Frederick Liu, an assistant to the Solicitor General for the Department of Justice, during oral arguments. He argued that if the landlord wins, people may start to claim their mail wasn't delivered due to minor grievances or circumstances.
Late last year, the federal district court dismissed the landlord's claims based on the postal exemption. However, the Fifth Circuit Court of Appeals later overturned this ruling, stating that the claims might be valid since they pertain to intentional actions rather than losses or negligence.
Despite the concerns voiced by the government, some experts like Kevin Kosar believe the government's stance is incorrect. He also doubts that many aggrieved customers would find legal representation willing to take on the USPS, especially over small claims regarding lost mail. A final decision on the case is expected next year, which could impact how mail delivery-related lawsuits are treated across the country.
While the case unfolds, it raises profound questions about customer rights in postal services and the extent of the protections afforded to the USPS.
