It is important for your FELA personal injury attorney to understand how the Locomotive Inspection Act improves FELA injury claims. Most railroad engineers and railroad employees who work on locomotive engines might be aware of this important piece of legislation, but do they understand the impact it will have upon any resulting FELA injury claim?
FELA injury claims require HLH attorneys to establish negligence to ensure full and fair compensation. Railroad companies always attempt to use “comparative negligence” to deny or reduce the amount of any resulting FELA claim.
The Locomotive Inspection Act was originally known as the “Boiler Inspection Act,” a piece of legislation originally passed in 1911. This act was expanded and improved in 1915 and renamed the “Locomotive Inspection Act.” This law is important to railroad injury claims associated with boilers or locomotives as it places an “absolute duty” on a railroad company to comply with high safety standards. Generally speaking, this places the legal burden of keeping a locomotive in a safe and operable condition squarely on the shoulders of the railroad company.
As a result, if a railroad employee is injured in a locomotive related failure or accident, the potential defense of “comparative negligence” is removed due to the language of the law. The Locomotive Inspection Act improves FELA injury claims, even if the railroad worker was partially at fault for their injuries.
There are always hazardous working conditions which railroad workers are forced to endure. This is why FELA exists in the first place. Locomotive related conditions such as malfunctioning brakes, broken or burned out lights (poor lighting conditions), or even slipping on grease can result in serious and often permanent injuries.
This is why it is important to contact the experienced FELA injury attorneys at Hargadon Lenihan & Herrington, PLLC. Our experienced FELA injury lawyers aggressively represent our clients to ensure the best possible outcome in each case. If you or a loved one are injured while working on a railroad we invite you to contact HLH or call 502-583-9701 to speak with one of our FELA injury attorneys personally for a free consultation.