28 U.S.C. § 5001

Civil action for death or personal injury in a place subject to exclusive jurisdiction of United States

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(a)Death.—In the case of the death of an individual by the neglect or wrongful act of another in a place subject to the exclusive jurisdiction of the United States within a State, a right of action shall exist as though the place were under the jurisdiction of the State in which the place is located.(b)Personal Injury.—In a civil action brought to recover on account of an injury sustained in a place described in subsection (a), the rights of the parties shall be governed by the law of the State in which the place is located.(Added Pub. L. 113–287, § 4(b)(1), Dec. 19, 2014, 128 Stat. 3261.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

5001

16 U.S.C. 457

Feb. 1, 1928, ch. 15, 45 Stat. 54.

In subsection (a), the words “civil action” are substituted for “action” for consistency in the revised title and with other titles of the United States Code.

Notes of Decisions
Cited in 27 cases (19 in the last 5 years), 2017–2025 · leading case: Kenneth Lake v. Ohana Military Communities
Kenneth Lake v. Ohana Military Communities (2021) ca9 “No one believed that Congress federalized Nebraska tax law by permitting state taxation of military housing while otherwise retaining Enclave Clause jurisdiction. See Offutt Hous. Co.”
Colon v. United States (2018) mdd · cites it 2× “Therefore, these claims only apply on these federal enclaves if Congress specifically authorized their enforcement or if Maryland specifically retained jurisdiction over the subject matter at issue.”
James v. Wild West Pawn (2017) arizctapp · cites it 10× “1 ¶6 Wild West responded to James’s argument regarding the place of his injury by arguing 28 U.S.C.A. § 5001 (West 2014)2 preempted 1In his summary judgment briefing, James alleged Wild West shipped the pistol to a military exchange on the base “at which the purchaser was…”
Reed v. CoxHealth (2025) mowd · cites it 5× “Plaintiff brings one count for violation of 28 U.S.C. § 5001 ; one count possible violations of federal laws concerning opioids per the Controlled Substances Act; one count for violation of 42 U.”
Andersen v. Lewis McChord Communities LLC (2022) wawd · cites it 4× “28 U.S.C. § 5001 Allows Claims for Personal Injury Based on State Law 18 19 4 Plaintiffs’ argument in the alternative, that the Court should invalidate the choice-of-law 20 provision to the extent it bars any of Plaintiffs claims is unpersuasive.”
Phillips v. EWheels EW10 (2024) ohnd · cites it 3× “Regarding federal question jurisdiction, Plaintiff cited 28 U.S.C. § 5001 . (Doc. No. 1 at 3.) That provision creates a civil cause of action for death or personal injury in a place subject to the exclusive jurisdiction of the federal government.”
Rodriguez v. Nationwide Homes (2018) ca10 · cites it 2× “Rodriguez cites 28 U.S.C. § 5001 , but she misunderstands that statute.”
Juvenile CausesConstitutional Law – Federal Enclaves – WhetherState Authorities Have Jurisdiction Over JuvenileOffenses (2018) mdag · cites it 2× “See 28 U.S.C. § 5001 ; see also, e.g., Louisiana United Bus.”
(PS) Grant v. Martinez (2022) caed · cites it 2× “See 28 U.S.C. § 5001 (b) (originally enacted at 16 U.”
Leavy v. GFS Group (2022) casd · cites it 2× “At any rate, Plaintiff argues that her claims fall 19 within an exception to the federal enclave doctrine codified in 28 U.S.C. § 5001 . Id. at 5– 20 6. Finally, to the extent the Court finds the federal enclave doctrine bars Plaintiff’s claims, 21 Plaintiff requests leave to…”
Yarbrough v. Hunt Southern Group, LLC (2019) mssd · cites it 2× “28 U.S.C. § 5001 provides that current state law governs actions for personal injuries that occur “in a place subject to the exclusive jurisdiction of the United States within a State.”
Phillips v. Johnson and Johnson (2024) ohnd · cites it 2× “§ 552 (Freedom of Information Act); 28 U.S.C. § 5001 (Civil action for death or personal injury in a place subject to exclusive jurisdiction of United States); 42 U.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.