Evidence of Negligence
Under FELA law, a railroad will be liable to an employee who sustains an injury resulting in whole or in part from the failure of the railroad to provide a reasonably safe work place. Even slight negligence by the railroad is sufficient to confer liability. But there must be some evidence of negligence as a railroad is not an insurer of the wellbeing of its employees. What constitutes negligence will be the subject of this and several companion articles.
Injury to Locomotive Engineer
Plaintiff was a locomotive engineer whose job included switching boxcars from one track to another. After working for about 45 minutes, the train's engine quit. In order to restart it, plaintiff left the locomotive cab and walked to the engine compartment located on the left side of the locomotive. There was a handrail connecting the cab and the engine compartment fixed at shoulder height above the surface of an iron mesh catwalk, about 18 inches wide. Before leaving the cab, the locomotive engineer looked at the catwalk and didn’t see anything wrong with it. He walked to the engine compartment using the handrail and when he got there turned the necessary switches to restart the engine. When he tried reversing direction to get back to the cab, he took a step and his leg slid out from under him, causing him to fall to the ground sustaining serious injury.
Oil Dripping off the Catwalk
Plaintiff’s co-worker, a fireman also working in the locomotive cab, went onto the catwalk after the accident and noticed a pool of oil dripping off the catwalk outside the engine compartment doors. The fireman didn’t know where the oil came from, whether it was clean or dirty, or if it had foot prints in it. There was no oil on the floor inside the train's engine compartment. The general foreman for the railroad company investigated plaintiff’s accident shortly later. He too went onto the catwalk and found no footprints in the oil. The foreman also looked at plaintiff’s shoes and clothing which had no oil stains on them.
Jury Decides in Favor of Railroad
Two weeks later, plaintiff gave a statement of the train accident. He stated he didn’t know what caused him to fall and that he hadn’t noticed anything wrong with the catwalk but said he had been told that there was oil on the catwalk and stated this is what must have caused him to fall. The railroad injury case went to trial and the jury decided in favor of the railroad company.
Appellate Court Hears Appeal
Plaintiff appealed to the Appellate Court, which affirmed the jury’s verdict. The Appellate Court reasoned that it was plaintiff’s burden to prove that there was something unsafe or defective on the catwalk which caused his fall. If the puddle of oil caused plaintiff’s fall, the Court reasoned that there would have been some evidence of oil either on plaintiff’s clothes or shoes or the puddle of oil itself. Without any evidence in this regard, and with the plaintiff himself uncertain as to what caused him to fall, plaintiff did not sustain his burden of proof and lost the case.
Insufficient Proof of Negligence
The fact that plaintiff injured himself while working for the railroad company was insufficient to prove that the railroad was negligent in failing to provide him with a safe workplace.
If You Are A Railroad Worker Injured on The Job
1. Notify your supervisor immediately.
2. Fill out an accident report, stating all possible causes of your injury, all injured body parts affected, and all witnesses to your accident. Keep a copy of the report and/or a list of the witnesses.
3. Seek medical attention as soon as possible, and be sure to tell the doctor/nurse how the accident happened and about all of your injuries.
4. Contact your Union Representative and/or a railroad accident attorney to protect your legal rights.