Strict Liability in Texas FELA Train and Railroad Injury Cases

If you or someone you love has been injured in a Texas railroad or train industry accident while employed by or working for an interstate railroad company, it is important that you contact a board certified personal injury lawyer as you may be entitled to recover compensation under FELA.


FELA replaces standard workers compensation claims in railroad industry accidents, and there is often more compensation available to recover. So long as you have a good Texas injury lawyer on your side, it is also relatively straight forward to prove employer responsibility under the strict liability laws which govern claims made under the Federal Employers' Liability Act (FELA).


Understanding Strict Liability

In many cases where a train or railroad employee has been injured while on the job, it is not even necessary to prove specific negligence, as many situations involve circumstances where strict liability can be imposed, thereby establishing the responsibility of the railroad company regardless.


For example, there are many railroad regulations which serve to provide additional protection for railroad workers. Under such industry regulations, the railroad company is considered responsible for providing a safe working environment for their employees – including safe locomotives, trains and cars. Specifically, the Locomotive Inspection Act (LIA) imposes on the railroad company the absolute duty to maintain its locomotives.


If your attorney is able to demonstrate that your employer violated the LIA then it is not necessary to prove negligence, as violation of the LIA establishes strict liability under FELA. Likewise, the Safety Appliance Act makes air brakes and automatic couplers mandatory on trains among other features which improve both safety and security. Violations of this act will similarly result in strict liability being establish, thereby negating the need to actively prove negligence.


Call Us for a Free Consultation

Talk to one of our Board Certified Dallas-Fort Worth injury lawyer today to discuss your railroad accident and potential injury claim under FELA.


Call toll free at 800-354-6275 or locally at 817-294-1900.



Other Articles You Might Be Interested In:

Railroad FELA Claims: Contributory Negligence and Assumption of Risk

Railroad FELA Claims: What Situations are Considered Within the Scope of Employment?

FELA Law Information for Injured Texas Railroad Employees

Can I Make a Claim For Compensation Under the Federal Employer's Liability Act (FELA)?

Texas Railroad FELA Injury Claims: Normal Affirmative Defenses Barred

Mark A. Anderson
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Board Certified Personal Injury Lawyer in Fort Worth, Texas