RAILROAD HAND BRAKE INJURIES

We are frequently asked by railroad employees who were injured during the use of a handbrake whether they’re covered by the FELA or if they have a case if an inspection of the brake after the injury showed it worked properly when inspected.  The answers to these questions have been clearly responded to by the United States Supreme Court and well-established legal precedent.   Injuries suffered by railroad employees operating handbrakes are covered by the FELA, 45 USC § 51, et. seq. and, if the car is “in use,” by the Safety Appliance Act, 49 USC § 20302(a)(1)(B).  In this context “in use” is comparable to “in transit” (i.e. not set out for repairs or inspection).  Minneapolis, St. Ry. Co. Minneapolis St. Paul Railway Companies v. Goneau, 269 US 406 (1926).   The differences between cases under the FELA versus the SAA are significant.  If the car is not “in use” and the FELA…

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