Under the FTCA, the federal government acts as a self-insurer, and recognizes liability for the negligent or wrongful acts or omissions of its employees. Negligent Hiring and Supervision.Standard Form 95 is used to present claims against the United States under the Federal Tort Claims Act (FTCA) for property damage, personal injury, or death. Instructions for completing the form can be found at FTCA Instructions for SF 95(4 pp, 30 K, 100617) . A plaintiff cannot pursue both direct negligence and vicarious liability claims after the course and scope of employment have been admitted. This article examines the common law tort of negligence in the employment sector and specifically in the context of hiring,. EXPRESS ASSUMTION OF RISK: Should people be allowed to contract out of negligence liability in the first place? EXPRESS ASSUMTION OF RISK: Should people be allowed to contract out of negligence liability in the first place? On the other hand, the same principle protects you from liability in the assault-and-battery case against your roommate.