What happens and who may be responsible
Equipment-related injuries can happen in yards, shops, terminals, along the right-of-way, or anywhere railroad employees are required to use tools or machinery. A worker may be injured when equipment breaks, malfunctions, slips, jams, releases unexpectedly, or fails to provide the protection it was designed to provide.
Depending on the facts, responsibility may involve:
- Defective couplers or uncoupling mechanisms
- Broken steps, ladders, or handholds
- Brake failures
- Damaged tools or machinery
- Poorly maintained equipment
- Missing guards or safety devices
- Improper equipment for the assigned task
- Failure to remove defective equipment from service
Federal regulations specifically address defects in certain railroad equipment, including couplers and safety appliances, and prohibit some defective equipment from remaining in service.
How FELA applies here
An equipment failure does not automatically establish railroad negligence. The issue is whether the railroad knew or should have known about the defective or unsafe condition, failed to properly inspect or maintain the equipment, provided inadequate equipment, or otherwise contributed to the injury.
The investigation may look at inspection history, prior complaints, repair records, maintenance schedules, equipment condition, safety rules, and whether the worker had a reasonably safe way to perform the assigned task.
For some railroad equipment, federal safety requirements may also become important in determining how the equipment should have been maintained or used.
Safety bulletin
Injured by Defective Railroad Equipment or Tools? Do this now.
1
Identify the equipment
Record equipment numbers, tool identification, railcar or locomotive numbers, and anything else that identifies what was involved.
2
Document the condition
When possible and safe, take photographs or video showing the defect, damage, missing component, or condition that contributed to the injury.
3
Talk to a FELA lawyer before signing important documents
Statements, releases, authorizations, or other paperwork may affect your rights after a serious railroad injury.
Common issues in equipment and tool failure cases
- Defective couplers
- Broken handholds
- Damaged ladders or steps
- Brake failures
- Malfunctioning machinery
- Worn or damaged tools
- Missing safety guards
- Hydraulic or mechanical failures
- Poor maintenance
- Inadequate inspections
- Improper equipment selection
- Failure to remove defective equipment from service
Injuries from equipment and tool failures
Equipment failures can cause sudden, high-force injuries, including:
- Crush injuries
- Amputations
- Hand and finger injuries
- Back and neck injuries
- Shoulder injuries
- Fractures
- Traumatic brain injuries
- Burns
- Electrical injuries
- Fatal injuries
What an equipment or tool failure case may be worth
The value of a FELA claim depends on the severity of the injury, medical treatment, ability to return to railroad work, lost earnings, future limitations, and the evidence showing how the equipment failure occurred.
There is no standard value for an equipment-related claim. Serious cases should be evaluated based on the worker’s actual medical, employment, and liability evidence.
Evidence that may matter
Important evidence can include:
- Inspection records: These may show when the equipment was last inspected and whether defects had been identified.
- Maintenance and repair records: Repair history can help establish prior problems, recurring failures, or delayed maintenance.
- Equipment identification records: Serial numbers, car numbers, locomotive numbers, or tool IDs can help connect the injury to the specific equipment involved.
- Prior complaints or defect reports: Earlier reports may show that the railroad knew about a problem before the injury occurred.
- Photos and video: Images can preserve the condition of the equipment before it is repaired, moved, or returned to service.
- Operating and safety rules: These may help establish how the equipment was supposed to be inspected, maintained, or used.