Under the Locomotive Inspection Act, 49 USC § 20701, a railroad carrier may allow a locomotive to be used only when the locomotive, and its parts, are in proper condition and are safe to operate without unnecessary danger.
The Locomotive Inspection Act was created in order to ensure that all locomotives being used are safe. When an unsafe locomotive is used, the results can be catastrophic to railroad workers’ health and safety. Unsafe locomotives put railroad workers at risk of injury and death. Prohibited locomotive defects include broken headlights, slipping hazards on walkways, unsafe passageways between engines, poorly functioning brakes, and diesel exhaust inside locomotive cabs. Additionally, asbestos-containing insulation in the locomotive cabs can sometimes be viewed as a violation of the Locomotive Inspection Act, as this unsafe condition results in unnecessary risk to the railroad workers.
In cases where a railroad violated the Locomotive Inspection Act, and the violation resulted in a worker’s injury, the railroad is held strictly liable– this means that even if the worker is partially at fault, the railroad will be held fully responsible for the injury.
Doran & Murphy represents railroad workers who have been injured as a result of a railroad’s negligence. Our attorneys have substantial experience representing railroad workers under the Locomotive Inspection Act and the FELA. If you would like more information, please call us at 1-800-374-2144 or contact us through email.