Introduction: When the Ground Gives Way

For railroad workers, a locomotive isn’t just a machine — it’s their workplace. Every handhold, every step, every platform must be safe and properly maintained. Federal law demands nothing less. But on November 10, 2025, a BNSF Railway conductor discovered just how catastrophic it can be when a railroad carrier fails to uphold that duty.

While standing on the bottom step of a BNSF locomotive in the performance of his duties, the step suddenly broke loose and gave way beneath him. The resulting fall caused serious injuries that have since impacted his ability to work and support his family.

Doyle Dennis Avery LLP, alongside co-counsel Sara Youngdahl of The Youngdahl Law Firm, P.C., has filed a lawsuit in Tarrant County, Texas, against BNSF Railway Company on behalf of this injured conductor. The lawsuit asserts claims under the Federal Employers’ Liability Act (FELA) and the Federal Locomotive Inspection Act (LIA), holding BNSF accountable for its failure to maintain safe equipment and provide a reasonably safe place to work.

Background: What Happened on November 10, 2025

Our client, an experienced conductor employed by BNSF Railway, was performing the ordinary duties of his job when the incident occurred. He was standing on the bottom step of a BNSF locomotive — a routine position for conductors during switching operations and other standard railroad tasks. Without warning, the step broke loose and collapsed beneath him.

The lawsuit alleges that this broken step was not a random accident or an unavoidable event — it was the direct result of BNSF’s failure to properly inspect, maintain, and repair the locomotive and its components. Steps on a locomotive must bear the weight and movement of railroad workers constantly. Federal safety regulations exist precisely to ensure those steps are maintained in safe condition. BNSF allegedly failed to meet that obligation.

Understanding FELA: The Federal Law That Protects Railroad Workers

Most injured workers in America are covered by workers’ compensation systems — a no-fault system that provides limited benefits regardless of who was at fault for an accident. Railroad workers are different. The Federal Employers’ Liability Act (FELA), enacted in 1908 and still in force today, gives railroad workers a unique and powerful legal tool that most employees simply do not have.

Under FELA, a railroad company has a non-delegable duty — meaning it cannot hand off this responsibility to anyone else — to provide its employees with a reasonably safe workplace. This duty applies to the physical work environment, the tools and equipment used, and the practices and procedures implemented by management. When a railroad fails to meet this duty and a worker is injured as a result, the railroad is liable for the full range of the worker’s damages.

The Federal Locomotive Inspection Act: An Additional Layer of Protection

This lawsuit also asserts claims under the Federal Locomotive Inspection Act (LIA), a federal safety statute that imposes strict requirements on how railroads must maintain their locomotives and all associated equipment — including steps.

The LIA does not merely suggest that railroads should maintain their equipment — it commands it. When a railroad violates the LIA by allowing unsafe equipment to remain in service, it cannot defend itself by arguing that the defect was small, hidden, or difficult to detect. The law is clear: if the locomotive component is not safe, the railroad is strictly accountable.

In this case, the lawsuit alleges that BNSF violated the LIA by failing to keep the locomotive step in proper working condition. This creates a “negligence per se” claim — meaning that BNSF’s violation of federal law is treated as conclusive evidence of negligence, significantly strengthening the injured conductor’s case.

What BNSF Allegedly Did Wrong

The lawsuit sets out a detailed series of failures on BNSF’s part, each of which contributed to the conductor’s injuries. Federal railroad safety law is not aspirational — it sets concrete, enforceable duties. According to the petition filed in Tarrant County, BNSF failed in the following ways:

Failure to Inspect

BNSF had a duty to conduct regular, thorough inspections of all locomotive components, including steps. Steps bear constant mechanical stress and physical load from workers climbing on and off locomotives throughout every shift. Proper inspection protocols would have identified the deterioration or structural failure that led this step to collapse. The lawsuit alleges BNSF failed to implement or enforce adequate inspection procedures.

Failure to Maintain and Repair

Even if a defect was identified, the railroad had a duty to repair it before putting the locomotive back into service. The allegation in this case is not merely that the step was defective on the day of the accident — it is that BNSF’s systemic failure to maintain and repair equipment created the dangerous condition that injured the conductor.

Failure to Warn

If BNSF knew or should have known that the step was in an unsafe condition, it had an obligation to warn its employees. No warning was given. The conductor had no reason to believe the step beneath his feet would give way.

Failure to Implement Safe Procedures

Railroad companies must establish and enforce comprehensive safety procedures for the inspection and maintenance of all rolling stock. BNSF’s alleged failure to implement adequate safety protocols reflects a systemic disregard for worker safety that goes beyond this single incident.

Damages Suffered by the Injured Conductor

As a direct and proximate result of BNSF’s negligence and federal safety violations, the conductor has suffered damages that are both immediate and long-lasting. The lawsuit seeks full compensation for all of the following:

• Permanent physical impairment — injuries from the fall have caused lasting physical damage affecting the conductor’s daily life and mobility.
• Pain and suffering — both past and future physical pain, as well as the emotional and psychological toll of a serious workplace injury.
• Lost wages — the conductor has been unable to work at full capacity since the injury, resulting in significant wage losses.
• Loss of future earning capacity — the long-term impact on his ability to continue working as a railroad conductor represents a substantial component of his damages.
• Medical expenses — past and anticipated future costs of medical treatment, rehabilitation, and ongoing care related to the injuries.

Why Doyle Dennis Avery LLP and The Youngdahl Law Firm, P.C.?

FELA cases are complex federal litigation matters that require attorneys with deep knowledge of railroad operations, federal safety regulations, and the specific legal standards that apply to railroad injury claims. These are not ordinary personal injury cases — they demand specialized experience.

Doyle Dennis Avery LLP — founded by attorneys Michael P. Doyle, Patrick M. Dennis, and Jeff Avery — has recovered over $500 million for injured clients and has built a national reputation as one of the premier personal injury litigation firms in the country. Sara Youngdahl of The Youngdahl Law Firm, P.C. brings additional specialized expertise in railroad worker rights and FELA litigation.

Together, both firms bring the legal firepower, resources, and dedication that injured railroad workers deserve when they take on a major railroad corporation like BNSF.

Frequently Asked Questions