Find Lawyers in Portland, Oregon for Railroad Law
Tim is a civil trial attorney with over 30 years experience. Tim has tried over 75 jury cases to verdict and has handled many more mediations and arbitrations. He has represented a variety of businesses and individuals in both complex litigation and a variety of challenging cases. He regularly handles the defense and prosecution of civil matters in the following areas: Labor and Employment LawPersonal Injury Railroad FELA and Railroad Crossings and other Railroad related cases Commercial Matt...
David Morrison is a veteran trial attorney with thirty eight years of experience in state and federal courts in Oregon and Washington. David’s practice focuses on railroad, personal injury, toxic torts, products liability, Oregon Employers Liability Act claims, construction, contracts and real estate disputes, as well as environmental and employment litigation. He has tried over 100 cases. Representative Cases: Obtained defense verdict in favor of BNSF Railway in an employee lawsuit for...
Railroad Law Definition
However, particular to railroads, therefore properly thought of as “Railroad Law,” is litigation in two areas of law: highway/railroad grade crossing litigation and occupational injury litigation under the Federal Employer's Liability Act (FELA), 45 U.S.C. §51, et seq.
Intersections between railroad traffic and highway traffic exist all over the country and are frequently the scene of collisions that result in serious personal injury and property damage, and commensurate litigation. Various provisions of state and federal law along with principles of physics, acoustics, and semiotics affect grade crossing litigation that make it an area of specialization.
A railroad whose business activity affects interstate commerce can be sued under the FELA by its employees who suffer injury from work that is performed in furtherance of interstate commerce. Effectively, this includes most railroads and all of their employees. Claims under the FELA are brought in lieu of claims under state workers’ compensation systems. The types of injuries for which railroads are sued under the FELA include “traumatic” injuries that occur from one or a few incidents and occupational diseases that are claimed to result from a long series of exposures to the disease-causing activity or substance. The FELA has been in effect for more than 100 years, and a specialized body of law has grown up around litigation under the Act.
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