In Part 1 we learned that the Safety Appliance Act is a powerful tool for injured railroaders. If you are injured by the failure of the railroad to install or maintain any of the safety devices required by the Safety Appliance Act, you do not need to prove the railroad was negligent. However, you do have to prove that the railcar where the safety device failed was “in use” at the time of your injury. This may not always be an easy determination, and the facts of each individual case will determine whether a railcar is "in use." But there are some guidelines to keep in mind.
Normally, a railcar is not considered "in use" when it is undergoing maintenance. So the Safety Appliance Act does not usually apply to railroaders who are injured as the result of repair, inspection, or servicing of a train. This makes some sense so the railroad is permitted to detect and correct defective conditions during maintenance.
A train is certainly "in use" when it is not in need of repair or servicing and has been "okayed" by railway officials for service. When the train has already been serviced and inspected, it is "in use." A defective railcar may still be "in use" while being transported to a shop for repair. A car stopped temporarily to inspect for defects, that has not been taken out of service, may also still be “in use.” However, a defective railcar temporarily stored on ladder track may be not “in use.”
Here again, it is key to your case to have an experienced railroad attorney who can argue forcefully that the railcar that caused your injury was "in use" at the time. The law can be a "grey area" where arguments can be made on both sides.
If the railcar that causes your injury is not "in use," it doesn’t mean you lose your FELA case. It simply means that your case is not enhanced by the Safety Appliance Act, and you will have to prove the railroad was negligent in causing your injury. But establishing that your injury was a result of a violation of the Safety Appliance Act is a huge step forward in winning your case.
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H. David Leibensperger