Table of Contents UTU NEWS  Vol. 32, No. 3 March 2000

FELA

Contributory negligence

A recent column discussed how lawsuits are valued. It mentioned that if the injured person is at fault, then the value of the case is reduced. That concept is known as contributory negligence.

A railroad is responsible for injuries to its employees caused by the employer's negligence. However, the law says that if the injured person is also at fault, then the amount of damages awarded is to be reduced by the percentage of fault on the part of the employee.

There are some exceptions to this rule of law. Generally speaking, the employee's fault will not be used to reduce the value of the case if the injury is caused by a penalty defect, such as a defective coupler, brake or sillstep.

Determining issues such as these requires experience and expertise. Contact a UTU Designated Legal Counsel to find out the answers to any questions you may have about these matters.

Monte Bricker, Coordinator
Designated Legal Counsel
1-888-241-7076

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