Establishing negligence is required for every FELA (Federal Employers’ Liability Act) claim.
FELA is unlike workers’ compensation claims because the victim must prove the employer’s fault—they must show the employer did something wrong.
Attorney Daren Sarphie explains how employer negligence is established in a FELA lawsuit.
Negligence Under FELA
45 U.S. Code § 51 says that a railway is liable for injury or death to an employee resulting from its negligence.
FELA requires railroad companies to use reasonable care in furnishing their employees a safe place to work. Atchison, Topeka & Santa Fe Ry. Co. v. Buell, 480 U.S. 557 (1987). The lack of reasonable care is negligence, and negligence is the basis of a FELA claim.
How is negligence defined under FELA?
The Ninth Circuit Court FELA model jury instructions 6.3 states that negligence is the failure to use reasonable care. It is doing something a reasonably prudent person would not do or not doing something that a reasonable person would do. Reasonable care is the degree of care that a reasonably prudent person would use to avoid injury to themselves or others.
Elements of a FELA claim, including negligence, are interpreted with reference to common law. Urie v. Thompson, 337 U.S. 163 (1949). Common law principles are given great weight unless they are expressly rejected in the law. Consolidated Rail Corporation v. Gottshall, 512 U.S. 532 (1994). (The causation standard is “in whole or in part,” a relaxed standard from common law comparative negligence claims.)
Elements of Proving Negligence
- Duty
- Breach of duty
- Foreseeability of harm
The duty of care is that the railway must provide a reasonably safe workplace for its employees. What amounts to a breach of duty depends on the circumstances.
What is the burden of proof for a FELA negligence claim?
The plaintiff has the burden of proof for a FELA negligence claim. They must prove their case by a preponderance of the evidence.
What is the foreseeability of harm?
When it comes to negligence in a FELA claim, there must be a foreseeability of harm from the dangerous condition. Foreseeability is an appreciation, in advance, that the danger or lack of care could result in harm. A railroad must take steps to reduce the risk of foreseeable injury. They are not liable for an injury that no one could have imagined, predicted, or prevented with reasonable care.
Foreseeability is a factor in determining whether the defendant breached their duty of care. It is not part of a causation discussion.
The jury decides whether harm was reasonably foreseeable. The court may award summary judgment only if no jury could find that a reasonable person in the defendant’s position could foresee the harm. At the summary stage, reasonable inferences should be found in favor of the non-moving party.
See Gallick v. Baltimore & Ohio Ry. Co., 372 U.S. 108, 117-18 (1963).
Types of Evidence Used To Establish Negligence
Evidence used to establish negligence may include:
- Previous incidents of injury or death using similar practices
- Statutes and regulations that the railway should have followed
- Common practices that the railway did not follow
- Inspection logs, company policies
- Expert testimony explaining how machinery and processes work
- Testimony from workers about usual practices and dangers
- Logs of employee activity when the injury occurred
- Testimony from company representatives about safety planning and worker supervision
- Weather reports
- Records of train activity and company operations
The evidence needed depends on the circumstances. Negligence may have occurred in a way that is not entirely obvious at the time of the accident, even days or weeks before the harm. Sarphie Law investigates what happened, using discovery techniques to gather evidence to prove negligence.
Common Challenges in Proving Negligence
- Evidence is often in the hands of the employer
- Workers may be intimidated from cooperating with the case
- An expert may be required to explain technical and complex information
- The employer may allege contributory negligence
Contributory negligence in a FELA claim
45 U.S. Code § 53 addresses contributory negligence in FELA claims. Contributory negligence is not a bar to recovery. However, damages may be diminished by the amount of negligence attributable to the employee. There is no contributory negligence if the employer violated a statute that was enacted for the safety of the employee.
See Norfolk Southern R. Co. v. Sorrell, 170 S.W.3d 35 (2007), applying the same standard for employee contributory negligence as applies for the railroad’s negligence.
What if the worker just did what the railroad was telling them to do?
Ninth Circuit FELA model jury instruction 6.5 says that a worker is not negligent if they do what the railroad told them to do. Even if the railway directs the worker to do something dangerous, work in a dangerous place, or work under dangerous conditions, it is not negligence on the worker’s part if they comply.
Non-cooperation and witness intimidation
45 U.S.C. § 60 penalizes the suppression of voluntary information or employer cooperation. Any contract or rule to prevent employees from speaking is void. In addition, anyone who threatens, intimidates, orders, or rules to prevent witness cooperation in a FELA claim may be charged with a criminal offense.
Potential penalties are up to one year of incarceration and a fine of up to $1,000. It is also unlawful to discipline someone for cooperating with a claim.
Legal Assistance in Proving Negligence
Sarphie Law provides legal assistance and representation for all aspects of a FELA claim.
A claim may be based on:
- Negligence
- Statutory violation
- Regulatory violation
See 45 U.S. Code § 54a.
Workers’ compensation laws typically don’t require the employee to prove negligence. FELA requires it, but it also allows the injured worker to claim pain and suffering and other non-economic damages.
We understand the importance of proving negligence, how to evaluate your claim, and how to build your case. Our law firm represents injured workers and their families in FELA claims.
Contact Sarphie Law Today for Help
Are you wondering how to establish negligence in your FELA claim? Do you need fair compensation after being hurt on the job in the railway industry? Contact Sarphie Law for help today.