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  • Railroad Employer Liable for Parking Lot Injury

    by Matthew D. Shaffer on December 19, 2009

    The Nebraska Supreme Court found Union Pacific Railroad Co. liable under the Federal Employers' Liability Act (FELA) for injuries sustained by a conductor injured while walking from the company-owned parking lot to his office.  The conductor suffered knee injuries in 2006 after stepping into a hole while walking through a city-owned alleyway linking the parking lot and the office.


    Union Pacific was found to be negligent and thus liable for injuries because their employee was injured while performing a duty necessary to his employment.  Even though not on railroad company property at the time of his injury, the Supreme Court found that the Plaintiff was within close proximity to the office and the injury occurred as a necessary incident of his workday.  The high court also said he was exposed to risks not shared by the general public, because Union Pacific strategically placed signs restricting the alleyway's use to railroad employees.

     

    "And in doing so, Union Pacific has effectively encouraged its employees to use the alleyway," the court said.


    To battle the railroad giants you must have an experienced team of FELA lawyers on your side.  If you are serious about your claim you need serious representation.  At Schechter McElwee, Shaffer & Harris, L.L.P., we have over 100 years of experience in personal injury law.  We have handled the toughest Railroad Injury cases from around the country.  If you or a loved one has been involved in an on the job railroad accident, please call (800) 282-2122 today for your free consultation or email us at info@smslegal.com.

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