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Railroad Safety Regulations Protect You – When Violated, Railroads Can Be Held Strictly Responsible For Harm
The Federal Employers’ Liability Act (FELA) protects railroad workers by holding employers responsible for injuries caused by unsafe working conditions, practice, and equipment. When proven, the injured railroad worker should be compensated for lost wages, disability, disfigurement, and pain and suffering. However, the injured worker has the burden to prove that the company was negligent; that is, that the railroad failed to act as a reasonable person would. That includes proving that the railroad knew something was unsafe, and yet failed to take action to fix it. This is ultimately a fact question for the jury to decide. Just because a worker is injured on the job does not mean that the workplace was unsafe. For example, if a railroader falls while walking on ballast, then that railroader must prove that there was something unsafe that the railroad knew about but did not fix. Even then, the railroad’s responsibility can be reduced if a jury finds that the worker was also negligent. So, if the jury finds that the worker was 50% at fault, his damages would be cut in half.
However, railroads are also governed by federal and state safety regulations. The Federal Railroad Administration (FRA) has enacted many regulations that require safe components on locomotives, railcars, and tracks. For example, regulations require that railcar ladders be securely fastened. If the railroad violates that regulation, and an insecure ladder contributes to cause an employee’s injury, then the railroad is absolutely at fault (or “strictly liable”), and fault by the worker cannot be used to reduce the railroad’s liability.
State governments have also enacted some safety regulations for the benefit of railroad employees. In the case of Christopher Cole v. The Kansas City Southern Ry. Co., the jury found that the railroad violated an Illinois safety regulation that required eight feet of clearance between signposts and the tracks. Chris was severely injured when he tried to get on moving equipment and was struck by a sign that the railroad allowed to be posted too close to the track. Chris was knocked off the train and his legs were run over and amputated. As a result of our investigation, we were able to prove that regulation was violated. Remarkably, even then, the railroad denied that its illegal sign caused the incident—that it was just a coincidence the sign was at the exact location where Chris was knocked off the train. So, we still had to prove that the sign caused the fall — not just that he had slipped and fallen before he got to the sign. The jury believed our evidence and returned a verdict for Chris. Because we proved a violation of that regulation, the judge disregarded the jury’s finding that Chris was 29% at fault in causing the incident and he was awarded the full $12 million verdict.
If you have any questions about railroad employee protections and how they may affect you, please contact our team to discuss further.
Article by Scott Gershenson, Counsel
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