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  • Criminal Liability

    Can rail crews be charged with manslaughter during rule violations that result in the death of a member of the public?

  • #2
    Originally posted by engr452000 View Post
    Can rail crews be charged with manslaughter during rule violations that result in the death of a member of the public?
    We do not do criminal law. However, I think anyone can be charged and convicted of manslaughter if their conduct rises to a threshold level of criminal negligence.

    If your question is:

    Could a prosecutor attemt to introduce a bs internal railroad safety Rule like: "You should perform your work in a safe manner" as criminal negligence, I think not. However, if, on the other hand, it was a rule promulgated from an FRA Order like you should not operate a train under the influence of drugs or alcohol or while using a cell phone, I do believe the Rule could be introduced to establish the standard of care and knowledge on the part of the actor.

    If this is a real question applying to real people, I suggest you seek a competent opinion from a criminal lawyer.
    Steve Gordon
    Gordon, Elias & Seely, L.L.P.
    FELA Lawyer
    FELA Lawyer Blog
    Serving Injured Railroad Employees Nationwide
    Call for a FELA Lawyer 24/7/365
    800-773-6770

    Comment


    • #3
      Criminal Liability

      I was thinking along the lines of a crew failing to test a handbrake after spotting a car for unloading. The air brakes leak off, the hand brake does not hold and when the fork lift operator starts unloading the car it moves and he is fatally injured.

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      • #4
        I'd chock the wheels before an attorney gets involved.
        "I HAVE MADE MY FINAL POST ON THIS FORUM. MY THANKS TO A FEW WHO HAVE BEEN VERY HELPFULL, HOWEVER I AM NOT GOING TO WASTE MY VALUABLE REST, READING AND RESPONDING TO "US vs THEM" VITRIOLIC PEOPLE."

        Comment


        • #5
          Originally posted by engr452000 View Post
          I was thinking along the lines of a crew failing to test a handbrake after spotting a car for unloading. The air brakes leak off, the hand brake does not hold and when the fork lift operator starts unloading the car it moves and he is fatally injured.
          Never happen
          Steve Gordon
          Gordon, Elias & Seely, L.L.P.
          FELA Lawyer
          FELA Lawyer Blog
          Serving Injured Railroad Employees Nationwide
          Call for a FELA Lawyer 24/7/365
          800-773-6770

          Comment

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