Our client, a railroad track worker, was engaged in track-related maintenance activities when they were injured. Due to the confidential nature of the settlement terms, we cannot disclose further details including where the accident happened, or the court where the case was litigated.
Precise details may not be disclosed. Nevertheless, our team of experienced railroad injury attorneys retained a safety expert with experience in railroad track maintenance activities. Based on their analysis, our FELA law firm learned - for the first time - that the railroad violated one, or more, railroad safety regulations. This was important because, according to the Federal Employers Liability Act (FELA), when a railroad company violates safety statutes or regulations, they can be held strictly liable (i.e. negligence per se). When negligence per se is the standard, it eases the burden placed on an injured railroad worker to produce evidence that railroad management was aware of the safety violation in advance of when it occurred.
Our team of railroad injury attorneys also retained several other important experts to provide opinions to build this case. This, and other, evidence led to a substantial settlement about a month before trial was scheduled.
Case details remain confidential because the nation‘s railroads have banded together to force confidential settlements in all railroad worker cases of any magnitude, so specific details of the circumstances, the types of injuries, and the location where the case was pending, may not be disclosed.
$1 million settlement
Firm Attorneys: Richard N. Shapiro and Randy Appleton
Firm Staff: Paula M., Becky W.
Date: Spring 2021