Defective Brake Sticks and Inefficient Handbrakes—A Dangerous Combination for Rail Crews
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Defective Brake Sticks and Inefficient Handbrakes—A Dangerous Combination for Rail Crews
Tying down handbrakes is a routine, daily task for railroaders. Because of the high physical strain required to operate manual handbrakes, railroads provide conductors with a tool known as a “brake stick.” Crews have no choice but to trust that this safety equipment is manufactured, inspected, and maintained properly.
Unfortunately, a recent case brought by Doyle Dennis Avery LLP and The Youngdahl Law Firm, P.C. shows exactly what happens when that trust is broken.
While working in the Settegast Yard in Houston, Texas, a conductor attempted to use a company-provided brake stick to tie down a handbrake. Suddenly, the top of the brake stick snapped and broke, slipping entirely from the connecting handbrake. The sudden equipment failure threw the conductor violently backward onto the ground, causing severe injuries to her head, back, neck, shoulder, and hip.
The Federal Safety Appliance Act (FSAA) Is On Your Side
Railroads frequently try to brush off these types of incidents as “accidents” or blame the employee’s body mechanics. To fight back against this corporate blame-shifting, Doyle Dennis Avery LLP and The Youngdahl Law Firm, P.C. teamed up to file a lawsuit on behalf of their railroad client.
Under the Federal Safety Appliance Act (FSAA) and 49 CFR Part 231, railroads have an absolute, non-delegable duty to maintain efficient, working handbrakes and safe accompanying equipment. If a piece of safety equipment or a handbrake breaks, fails, or malfunctions while being used in a normal and usual manner, the railroad is in direct violation of federal statutory law. Under FELA, this means the railroad is strictly liable for the injuries caused by that defective equipment.
Don’t Let the Railroad Blame You for Defective Tools
A head injury or spinal trauma from a violent fall can end a railroader’s career in an instant, leading to lost wage-earning capacity and permanent physical impairment. If you were injured because a handbrake failed to operate properly or a yard tool broke, the law is heavily on your side. Speak with a dedicated FELA lawyer at Doyle Dennis Avery LLP or the Youngdahl Law Firm, P.C., who understands how to hold railroads accountable for FSAA violations.
