Section 22.3 Liability

• Library: Tort Law 2016

B. (§22.3) Liability

Under 45 U.S.C. § 51, a common carrier by railroad engaged in interstate commerce is liable for damages to the injured employee (or the employee’s personal representative) when:

· the employee suffers injury or death while employed by the carrier; and

· the injury or death results "in whole or in part from the negligence of any of the officers, agents, or employees" of the carrier.

Liability for injury or death may also arise by reason of defects or insufficiency, because of the...