Can a Railroad be Liable for Using an After-Market Air Conditioner?

The Utah Supreme Court issued a decision last week that will allow a railroad employee to pursue his claims for the injuries he suffered when he bumped his head on an overhead air-conditioner. The case entitled Raab v. Utah Railway Company will almost certainly become an oft-cited case in legal circles for its systematic analysis of a legal doctrine referred to as “proximate cause.” However, for purposes of human resource and employment professionals, particularly those involved with railroads, the case is important because it declares that, in Utah at least, a railroad will be liable for an injury to an employee even if the railroad’s conduct was not the direct cause of the injury. Rather, an employee need only show that “the injury occurred while the employee was discharging the duty that devolved on him or her by reason of the employer’s negligence.” In other words, if an employer’s negligence required the employee to do something and he or she was injured while fulfilling that responsibility, the employer may be found liable for the injury. Because this case involved a claim under the Federal Employers Liability Act (FELA) and the Federal Locomotive Inspection Act (FLIA), the holding of the case will have a limited application, but it is a helpful reminder to employers to assure that the workplace is free of unnecessary dangers.