This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Railroad Employee Claims.For more information about railroad employee claims see railroad employee claims cases.
Railroad Employee Claims-Statutes
See Va. Code § 8.01-57.
See Va. Code § 56-417.1 requiring sufficient clearance for employees in construction of railroad structures.
See Va. Code § 56-419.2 as to safety requirements applicable to vehicles transporting railroad employees.
See Va. Code § 56-441 setting forth liability for injury to employee.
See Va. Code § 65.2-101 stating that Workers’ Compensation Act is not applicable to intrastate rail carriers.
Railroad Employee Claims-Cases
1981 Sabb v. Norfolk & P.B.L.R.R., 222 Va. 19, 278 S.E.2d 795.
Railroad has duty to assign its employees to work for which they are reasonably suited; it breaches that duty if it knew or should have known that its assignment exposed employee to unreasonable risk of harm.
1971 Norfolk & W. Ry. v. Keatley, 211 Va. 507, 178 S.E.2d 516.
Plaintiff injured when “angle cock stop” failed to stop train. Safety Appliance Act imposes absolute liability upon proof of defective or inefficient safety equipment. Inefficiency may be established by showing failure to function when operated with due care in usual and customary manner.
