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Topic: US Railroad Safety Appliance Act

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	Hofmann & Associates - Railroad Law Page
		Many railroad workers who have been injured are entitled to the benefits under special federal laws which often will make the railroad responsible for all of the damages you suffer.
		A railroad worker is entitled to recover damages caused by the violation of the Safety Appliance Act, 49 U.S.C. - Sec.
		It dictates that various safety devices must be installed and in good working order on railroad equipment, and if that equipment fails, and causes injury, the railroad is strictly liable for the injury caused thereby.
	www.chklawfirm.com /railroad.htm (544 words)

	[No title]
		Hurt Ô ·j73Ôexplained that nearly all of the safety appliances Bielicke would Ô ·j73Ôhave used in crossing from one car to another were damaged on one of the cars.
		Bielicke argued that because the Safety Appliance Act did Ô ·jä3Ônot apply, the defense should not be permitted to infer that Ô ·jÒ3ÔBielicke was wrong in attempting to make repairs without first Ô ·j%3Ôassuring that the cars were equipped with proper safety appliances.
		That Act Ô ä3Ôimposes upon the railroad the absolute duty to have all cars Ô ö3Ôwhich it hauls or permits to be hauled or used on its lineÔ" (,**°°Ì3þ"ÔÔ ä3Ôequipped with secure and adequate grab irons or handholds at the ends and sides of each car.
	www.state.il.us /court/opinions/AppellateCourt/1997/5thDistrict/August/WP/5960503.doc (1708 words)

	FELA railroad injury experts - Thornton & Naumes LLP
		FELA was passed by Congress in 1908 in order to improve safety on the railroads and to provide for recovery of substantial damages by railroad workers or by their families.
		Under FELA provisions, all railroad common carriers and their employees who are engaged in interstate commerce are subject to the requirements of the Act.
		The same duties imposed on the railroad under the Safety Appliance Acts are imposed by the Boiler Inspection Acts with reference to a locomotive, its boiler, tender and all parts and appurtenances thereof.
	www.tenlaw.com /wstv/thornton-practice-areas.php?id=8 (2067 words)

	Legislative Statute (Site not responding. Last check: 2007-11-02)
		Employers of farm or ranch laborers are generally exempt from the provisions of the Nebraska Workmen's Compensation Act, and farm or ranch laborers injured while employed by one operating a farm or ranch are not entitled to receive any of the benefits of the Nebraska Workmen's Compensation Act.
		Act of employee in electing not to come under part II of the act is binding on his dependents.
		Act of seeking shelter from cold weather arose in the course of employment.
	statutes.unicam.state.ne.us /corpus/chapall/chap48.html (14730 words)

	RR Museum of PA - Train Wrecks Exhibit
		Railroad accidents have historically been attributable to one of several causes: human error, mechanical malfunction, forces of nature or impediments on the track.
		Safety improvements were implemented to reduce the frequency of accidents and prevent casualties.
		Railroads are actively at the forefront of advancing safety through comprehensive employee training, massive investments in infrastructure and technology, cooperative efforts with labor, suppliers, customers and communities and the Federal Railway Administration, cutting edge research and development and steadfast commitment to applicable laws and regulations.
	www.rrmuseumpa.org /visitors/seasonal/wrecks/index.htm (734 words)

	Magna Trust Co. v. Illinois Central Railroad Co., No. 5-98-0792
		In the complaint, plaintiff alleged that Illinois Central violated the Safety Appliance Act by allowing one of its freight cars to be used in interstate commerce even though the coupler was missing a coupling pin and that this violation was a proximate cause of Rusty Jones's death.
		The Safety Appliance Act does not create a cause of action for either railroad employees or nonemployees who are injured as a result of a railroad's violation of the act.
		Thus, railroad employees have a cause of action premised on violations of the Safety Appliance Act, pursuant to FELA, and non-railroad employees have a cause of action premised on violations of the Safety Appliance Act under a state's common law.
	www.state.il.us /COURT/Opinions/AppellateCourt/2000/5thDistrict/April/HTML/5980792.htm (7864 words)

	National Railroad Museum – Nation Building: 1860-1900 (Site not responding. Last check: 2007-11-02)
		As railroads expanded during the last half of the 19th century, it quickly became clear that they were outgrowing traditional concepts of business management, government regulation, and employee relationships.
		Safety was not a primary concern, nor did it need to be with the relatively slow speeds and small size of the equipment.
		Prior to about 1850, railroading was probably no more dangerous than any other mode of travel, by boat or horse (the number of deaths and injuries by runaway horses probably rivals modern statistics for the automobile).
	www.nationalrrmuseum.org /collections-exhibits/outline/nation-building.php (3319 words)

	Safety Act -- Recommendations and Resources (Site not responding. Last check: 2007-11-02)
		The act is credited with a sharp drop in accidents on American railroads in the early twentieth century.
		The original law was amended by an act of 1903, whose first section provides that the requirements of the original act respecting train brakes, automatic couplers, and grab irons shall be held to apply to 'all trains' and cars 'used on any railroad engaged in interstate commerce,' unless falling within a minor exception.
		The purpose of gun safety is to eliminate or minimize the risks of unintentional damage, injury and/or death caused by improper handling of firearms.
	www.becomingapediatrician.com /health/128/safety-act.html (1080 words)

	Child Support Car Accidents Railroad Safety Personal Injury Attorney Gaithersberg Maryland MD Lawyer (Site not responding. Last check: 2007-11-02)
		This is known as “comparative negligence.” For example, if the railroad is able to establish that an employee was also negligent in a way that contributed to his/her injuries, a jury may reduce the award to the injured employee by the percent of his own negligence.
		So, if a jury determines that an injured railroad employee is entitled to collect $100,000.00 as a result of injuries he sustained, but the jury also found that he was 25% negligent himself, his award would be reduced by $25,000.00, for a total recovery by the employee of $75,000.00.
		The railroad is not required to inform you of the existence of videotapes or pictures until after they have had an opportunity to take your sworn testimony, which may not be until many months after an accident.
	www.weisbaumlaw.com /PracticeAreas.shtml (4669 words)

	Practice Center
		Railroad passengers also continue to be injured and killed while traveling by train, though declining usage has resulted in an overall decrease in the number of passengers injured.
		Railroad employers work very hard to reduce their responsibility to injured workers by enforcing all available notice requirements and Statute of Limitations rules.
		Railroad employers routinely claim that late personal injury reports are the result of off-duty accidents and allege the injury claim is false.
	www.pottroff.com /CM/FSDP/PracticeCenter/Personal-Injury/Train-Accidents-and-Injuries.asp (1001 words)

	October 8, 2003 Argument Docket, WV Supreme Court
		Travis Hager - 31325 - The petitioner, Erica Hager, appeals from an order entered in the Circuit Court of Lincoln County adopting the recommendation of the family law master and changing custody of the parties' child from the petitioner to the respondent, Travis Hager.
		Debra Caudill - 31322 - Plaintiff Hospital appeals from the circuit court's order granting summary judgment in favor of defendant finding that the common law only requires that a husband provide for his wife but did not create a concomitant responsibility for a wife to pay the debts of her husband.
		The circuit court also found that it could not modify the common law and that neither the former Married Womens' Act or the current statute regarding the financial responsibility of spouses towards each other has applicability to hospital bills.
	www.state.wv.us /WVSCA/calendar/oct28_03ad.htm (728 words)

	Atlanta Georgia Railroad Accident Lawyers \| Fight Unsafe Crossing Train Wreck Injury Attorneys GA \| FELA (Site not responding. Last check: 2007-11-02)
		In 2003, according to the Federal Railroad Administration, a total of 13,877 accidents occurred in the railroad industry, resulting in 858 deaths and 8839 injuries.
		Assisting Warshauer Thornton and Easom in its prosecution of FELA and railroad cases is a veteran staff of investigators.
		A railroad worker's lawyer must be prepared to prove the worker's injury was caused by the railroad.
	www.wtelaw.com /PracticeAreas/RailroadAccidentsFELAInjuries.asp (1247 words)

	NEBRASKA STATE ELECTRICAL ACT
		In addition to the education and experience requirements imposed in the State Electrical Act and except as otherwise provided in section 81 2116, each applicant shall, prior to issuance of a license under the act, pass a written examination given by the board to insure his or her competence.
		No person other than the holder of an electrical inspector's certificate of qualification shall be appointed to act as electrical inspector and to enforce the act as electrical inspector and to enforce the act or any applicable resolution or ordinance within his or her jurisdiction.
		Nothing in the State Electrical Act shall be construed to require the work of employees of municipal corporations, public power districts, public power and irrigation districts, railroads, electric membership or cooperative associations, public utility corporations, or telephone or telegraph systems to be inspected while acting within the scope of their employment.
	www.electrical.state.ne.us /electact.html (9575 words)

	In Re: West Virginia Asbestos Litigation, No. 31237
		Railroad law is unique in the breadth, degree, and comprehensiveness of federal oversight and involvement.
		Moreover, both this Court and the U.S. Supreme Court have explained that federal preemption of state court authority is generally the exception, and not the rule.
		In Napier, the Supreme Court considered railroad challenges to a Georgia law that required all trains operating in that state to have an automatic door on the combustion chamber of the locomotive, and a Wisconsin law that required a special curtain to protect the workers from heat and fire.
	www.state.wv.us /wvsca/docs/fall03/31237.htm (2810 words)

	Indiana Historical Society
		More significant, though, in terms of the railroad’s financial survival is the way the company’s officials treated workers and the way those workers responded during the otherwise contentious and often violent crucible of labor-management relations during the depths of the Great Depression.
		The terms of the Federal Employers’ Liability Act clearly applied to Burgwald’s accident; a railroader could not be held to have assumed the risk of his employment if the defective equipment that caused his injury violated a railroad safety statute.
		After Judge Slick overruled the railroad attorney’s assertion that the brakeman’s complaint was too vague because it did not give the name of the railroad car’s owner, nor its number, the railroad’s attorneys filed a petition for a stay of proceedings on 4 December 1934 to resume negotiations.
	www.indianahistory.org /ihs_press/web_publications/railroad/tuohy8.html (2295 words)

	Chattanooga FELA Attorney \| Tennessee Railroad Injury Litigation Lawyer \| Knoxville, Nashville, Murfreesboro, ...
		Railroad workers are especially prone to experiencing on the job injuries.
		For example, if a railroad is found to have violated federal standards pertaining to workplace safety, set out in Occupational Safety and Health Administration (OSHA) regulations, the Boiler Inspection Act, and the Safety Appliance Act, an injured railroad worker and his or her attorney will have a much easier time proving their case.
		For example, if the jury determines that the railroad company and/or employer were 75% to blame for the employee's injuries while the employee himself was 25% at fault, and that plaintiff's total damages amounted to $100,000, plaintiff will receive $75,000 from the defendant(s).
	www.summersandwyatt.com /CM/FSDP/PracticePage/Personal-Injury/FELA.asp (1428 words)

	Maritime Maintenance Cure Jones Act Law Injury Claim File Lawsuit Death Negligence
		Jones Act (46 USCS Appx § 688) is not properly invoked where complaint alleges only that Greek resident was injured aboard foreign vessel, since where complaint is silent as to citizenship of seaman, as well as other factors, complaint clearly fails to allege sufficient facts to bring case within scope of Act.
		Jones Act plaintiff met "featherweight" burden of proof of negligence in alleging that plaintiff's helper, in lifting heavy cylinder, favored his earlier-injured ankle, thereby shifting disproportionate amount of weight to plaintiff, resulting in plaintiff's injuries.
		Plaintiff sufficiently alleged Jones Act claim to trigger non-removability where it alleged that decedent was seaman, he was injured in course of employment, and he was borrowed servant of defendants.
	www.jonesact.com /USC688/550599.htm (9737 words)

	Atlanta Georgia Medical Malpractice Attorneys Matthews Steel Lawyer (Site not responding. Last check: 2007-11-02)
		One of the easiest ways to prove that a railroad company/employer is liable for your injuries under FELA is to establish that some federal workplace safety regulation was violated in connection with your injuries.
		Occupational Safety and Health Administration (OSHA) safety standards and regulations apply to work done by railroad employees, so it is helpful to have a general idea of your rights under OSHA as a railroad employee.
		If you or a loved one have been injured while employed as a railroad worker, it is important that you take certain steps and precautions after the incident, to ensure that your rights to compensation under FELA are not compromised.
	matthewssteellaw.lawoffice.com /CM/FSDP/PracticeCenter/Personal-Injury/FELA.asp (750 words)

	Criminal Resource Manual 2008 Railroad Safety -- Civil Penalty Provisions (Site not responding. Last check: 2007-11-02)
		US Attorneys > USAM > Title 9 > Criminal Resource Manual
		Under the Federal Claims Collection Act (31 U.S.C. § 3711) and regulations promulgated thereunder (see 4 C.F.R. the FRA is authorized to collect and compromise administratively civil penalties and forfeitures arising from violations of railroad safety statutes.
		Occasionally, it will be necessary to refer claims arising under the Safety Appliance Act, the Locomotive Inspection Act, the Hours of Service Act, and the Signal Inspection Law to the appropriate United States Attorney when such claims cannot be disposed of under the applicable standards of the Federal Claims Collection Act.
	www.usdoj.gov /usao/eousa/foia_reading_room/usam/title9/crm02008.htm (109 words)

	Straight Track #30 Working For The Railroad Off The Property (Site not responding. Last check: 2007-11-02)
		Early on it was recognized that railroading is a dangerous occupation.
		A railroad employee injured on property not owned by his employer may have a claim against the owner of the property in addition to his FELA claim.
		Notwithstanding the company’s duty to provide a safe offsite workplace, some courts have ruled that the railroad must have knowledge of the unsafe condition before it can be held liable.
	www.felahfd.com /HFD5/ST30_newsletter.htm (876 words)

	Alabama Railroad Accident Attorney Georgia Railroad Injury Lawyer FELA Tennessee Arkansas Mississippi
		We work with the Railroad Retirement Board to make sure you get all of your benefits, as well as with the railroad's medical insurance carrier to see that your medical bills are paid.
		Our railroad accident attorneys take advantage of our contacts in the medical community to see to it that you receive the finest care from the finest doctors.
		If you have been injured or a loved one has been killed due the negligence of a railroad company, a common carrier or other transportation company, you may be able to file a claim to recover damages.
	www.burge-law.com /CM/PracticeAreaOverview/FELA-and-Burge-Burge.asp (370 words)

	Lab Safety Supply - Techlines - February 2006
		In the ANSI standard, “safety yellow” designates caution and is most commonly used for the background color in the signal word panel of caution signs or tags.
		Safety orange is also found on the inside of transmission guards for pulleys, gears, etc.
		In the railroad industry, specific warnings against starting, using or moving equipment that is being repaired are indicated with blue.
	www.labsafety.com /refinfo/techlines/tchln0206.htm (4853 words)

	Train Accident Reconstruction and FELA & Railroad Litigation, Fourth Edition
		You'll start with the basics of railroad track structure, and progress to the design and operation of locomotives and railroad cars, braking performance, motor vehicle and human factors, and other vital facts.
		Of use to engineers, attorneys, law enforcement, private consultants, and railroad personnel, this text describes in detail the technical and legal issues that concern railroads and trains that apply to train collisions and FELA cases.
		FELA and railroad litigation is the subject of 16 chapters, with topics that include railroad harassment for FELA claimants and witnesses, an overview of FELA, its distinguishing characteristics, the FELA negligence claim, railroad safety laws and sample forms.
	www.lawyersandjudges.com /productdetails.cfm?PC=1186 (680 words)

	NARA - Guide to Federal Records - Records of the Federal Railroad Administration
		Division of Locomotive Boiler Inspection established July 1, 1911, to administer provisions of an act of February 17, 1911 (36 Stat.
		Redesignated Bureau of Railroad Safety and Service (BRSS) in an ICC reorganization, 1965, which transferred enforcement functions and Explosives and Dangerous Articles Branch, Section of Railroad Safety, to new Bureau of Operations and Compliance.
		BRSS abolished, with safety activities transferred to DOT and assigned, along with The Alaska Railroad (SEE RG 322) and the Office of High-Speed Ground Transportation (SEE RG 398), to newly established Federal Railroad Administration, 1967, with safety activities assumed by newly established Bureau of Railroad Safety.
	www.archives.gov /research/guide-fed-records/groups/399.html (826 words)

	Railroad Injuries Lawyer \| FELA Claims Settlements Attorneys Illinois \| Railway Crossing Accidents
		In response to the thousands of railroad workers deaths and work-related injuries in the late 1800’s and early 1900’s, Congress passed special federal legislation in an attempt to make the industry less hazardous.
		Despite passage of these acts, there are still thousands of railroad workers injured in the United States each year, often because of railroad employer negligence.
		Our firm airplane allows us to reach our clients anywhere in the country in the critical hours following a railroad injury, when the carrier is investigating the injury and attempting to limit their damages.
	www.lakinlaw.com /PracticeAreas/Railroad_Law-FELA.asp (298 words)

	Beaumont Railroad worker Injury Attorney
		The railroad's failure to provide safe tools or equipment, or a safe place to work.
		If you or a family member is a railroad employee who was injured on the job, hire an experienced Texas FELA attorney to investigate your claim.
		Bush Lewis lawyers are experienced in all areas of railroad worker injury litigation.
	www.bushlewis.com /litigation/railroad_injury.html (298 words)

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