Locomotive Inspection Act (aka Boiler Act)
Locomotive Inspection Act (aka Boiler Act)
How the Railroad’s Violation of the LIA and the SAA Enhance Your FELA Case
Injury claims arising from railroad incidents require attorneys to understand and be experienced with specialized railroad laws to ensure the best possible outcome for you and your family.
Injuries Caused by Defects on a Locomotive: Your Rights Under the Locomotive Inspection Act
The Locomotive Inspection Act was created to ensure locomotives being used by the railroad 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.
The Locomotive Inspection Act (formerly the Boiler Inspection Act) is an amendment to the Federal Employers’ Liability Act and provides additional protection to railroaders injured on the job. The Locomotive Inspection Act (LIA) requires the railroad to keep its locomotives in proper condition and safe to operate.
A violation of the Locomotive Inspection Act (LIA) and related federal regulations impose absolute liability on the railroad. This is important because when a railroader is injured as a result of a LIA violation, liability is automatic, and the injured employee does not have to prove the railroad was negligent to hold the railroad responsible. The railroader only needs to prove that he or she was injured by the defect on the locomotive.
For example, LIA violations can include slip and trip hazards inside the locomotive cab, broken lights, defective braking systems, broken seats, and defective grab irons.
The Locomotive Inspection Act (LIA)(49 U.S.C. § 20701)
The law states that a railroad carrier may use or allow to be used a locomotive or tender on its railroad line only when the locomotive or tender and its parts and appurtenances
(1) are in proper condition and safe to operate without unnecessary danger of personal injury;
(2) have been inspected as required under this chapter and regulations prescribed by the Secretary of Transportation under this chapter; and
(3) can withstand every test prescribed by the Secretary under this chapter.
Locomotive Safety Standards
Under 49 CFR § 229.1 the law “prescribes minimum Federal safety standards for all locomotives except those propelled by steam power.” The federal government added these protections to ensure the safety of workers operating throughout the network of railroad lines across the United States.