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45 U.S.C. § 51 — Liability of common carriers by railroad, in interstate or foreign commerce, for injuries to employees from negligence; employee defined
Federal law — U.S. Code and appendices · legal_authorities
Every common carrier by railroad while engaging in commerce between any of the several States or Territories, or between any of the States and Territories, or between the District of Columbia and any of the States or Territories, or between the District of Columbia or any of the States or Territories and any foreign nation or nations, shall be liable in damages to any person suffering injury while he is employed by such carrier in such commerce, or, in case of the death of such employee, to his or her personal representative, for the benefit of the surviving widow or husband and children of such employee; and, if none, then of such employee’s parents; and, if none, then of the next of kin dependent upon such employee, for such injury or death resulting in whole or in part from the negligence of any of the officers, agents, or employees of such carrier, or by reason of any defect or insufficiency, due to its negligence, in its cars, engines, appliances, machinery, track, roadbed, works, boats, wharves, or other equipment.
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Stable record: federal_law:legal_authorities:record_usc_d96a3c27f03c6d3afd11aa92
Source file: Laws/federal/codes/united-states-code/title-45/section-51-liability-of-common-carriers-by-railroad-in-interstate-or-foreign-commer--e9b0e5511f.md
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Source location: Title 45, Chapter 2, § 51; chapter-002-liability-for-injuries-to-employees.md
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Every common carrier by railroad while engaging in commerce between any of the several States or Territories, or between any of the States and Territories, or between the District of Columbia and any of the States or Territories, or between the District of Columbia or any of the States or Territories and any foreign nation or nations, shall be liable in damages to any person suffering injury while he is employed by such carrier in such commerce, or, in case of the death of such employee, to his or her personal representative, for the benefit of the surviving widow or husband and children of such employee; and, if none, then of such employee’s parents; and, if none, then of the next of kin dependent upon such employee, for such injury or death resulting in whole or in part from the negligence of any of the officers, agents, or employees of such carrier, or by reason of any defect or insufficiency, due to its negligence, in its cars, engines, appliances, machinery, track, roadbed, works, boats, wharves, or other equipment.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** As used in this chapter—
(1) “insurance” means primary insurance, excess insurance, reinsurance, surplus lines insurance, and any other arrangement for shifting and distributing risk which is determined to be insurance under applicable State or Federal law;
(2) “liability”—
(A) means legal liability for damages (including costs of defense, legal costs and fees, and other claims expenses) because of injuries to other persons, damage to their property, or other damage or loss to such other persons resulting from or arising out of—
(i) any business (whether profit or nonprofit), trade, product, services (including professional services), premises, or operations, or
(ii) any activity of any State or local government, or any agency or political subdivision thereof; and
(B) does not include personal risk liability and an employer’s liability with respect to its employees other than legal liability under the Federal Employers’ Liability Act ([45 U.S.C. 51](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section51&num=0&edition=prelim) et seq.);
(3) “personal risk liability” means liability for damages because of injury to any person, damage to property, or other loss or damage resulting from any personal, familial, or household responsibilities or activities, rather than from responsibilities or activities referred to in paragraphs (2)(A) and (2)(B);
(4) “risk retention group” means any corporation or other limited liability association—
(A) whose primary activity consists of assuming, and spreading all, or any portion, of the liability exposure of its group members;
(B) which is organized for the primary purpose of conducting the activity described under subparagraph (A);
(C) which—
(i) is chartered or licensed as
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 3901
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Laws, authorities, etc., applicable to State-owned railroad with status as rail carrier engaged in interstate and foreign commerce**
(1) After the date of transfer to the State pursuant to [section 1203 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section1203&num=0&edition=prelim), the State-owned railroad shall be a rail carrier engaged in interstate and foreign commerce subject to part A of subtitle IV of title 49 and all other Acts applicable to rail carriers subject to that chapter,11 So in original. Probably should be “that part,”. including the antitrust laws of the United States, except, so long as it is an instrumentality of the State of Alaska, the Railroad Retirement Act of 1974 ([45 U.S.C. 231](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section231&num=0&edition=prelim) et seq.), the Railroad Retirement Tax Act ([26 U.S.C. 3201](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section3201&num=0&edition=prelim) et seq.), the Railway Labor Act ([45 U.S.C. 151](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section151&num=0&edition=prelim) et seq.), the Act of April 22, 1908 ([45 U.S.C. 51](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section51&num=0&edition=prelim) et seq.) (popularly referred to as the “Federal Employers’ Liability Act”), and the Railroad Unemployment Insurance Act ([45 U.S.C. 351](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section351&num=0&edition=prelim) et seq.). Nothing in this chapter shall preclude the State from explicitly invoking by law any exemption from the antitrust laws as may otherwise be available.
(2) The transfer to the State authorized by [section 1203 of this titl
Source: Supplied U.S. Code snapshot — release unconfirmed · 45 U.S.C. § 1207
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General** The Association is authorized, in accordance with the provisions of this section and such rules and regulations as it shall prescribe, to make loans to the Corporation, the National Railroad Passenger Corporation, and other railroads (including a railroad in reorganization which has been found to be reorganizable under section 77 of the Bankruptcy Act pursuant to [section 717(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section717/b&num=0&edition=prelim)) in the region, for purposes of achieving the goals of this chapter; to a State or local or regional transportation authority pursuant to section 763 11 See References in Text note below. of this title; and to provide assistance in the form of loans to any railroad which (A) connects with a railroad in reorganization, and (B) is in need of financial assistance to avoid reorganization proceedings under section 77 of the Bankruptcy Act. No such loan shall be made by the Association to a railroad unless such loans shall, where applicable, be treated as an expense of administration. The rights referred to in the last sentence of section 77(j) of the Bankruptcy Act shall in no way be affected by this chapter.
**(b) Applications** Each application for such a loan shall be made in writing to the Association in such form and with such content and other submissions as the Association shall prescribe to protect reasonably the interests of the United States. The Association shall publish a notice of the receipt of each such application in the Federal Register and shall afford interested persons an opportunity to comment thereon.
**(c) Terms and conditions** Each loan shall be extended in such form, under such terms and conditions, and pursuant to such regulations as the A
Source: Supplied U.S. Code snapshot — release unconfirmed · 45 U.S.C. § 721
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Limitations.—**
(1) Notwithstanding any other statutory or common law or public policy, or the nature of the conduct giving rise to damages or liability, in a claim for personal injury to a passenger, death of a passenger, or damage to property of a passenger arising from or in connection with the provision of rail passenger transportation, or from or in connection with any rail passenger transportation operations over or rail passenger transportation use of right-of-way or facilities owned, leased, or maintained by any high-speed railroad authority or operator, any commuter authority or operator, any rail carrier, or any State, punitive damages, to the extent permitted by applicable State law, may be awarded in connection with any such claim only if the plaintiff establishes by clear and convincing evidence that the harm that is the subject of the action was the result of conduct carried out by the defendant with a conscious, flagrant indifference to the rights or safety of others. If, in any case wherein death was caused, the law of the place where the act or omission complained of occurred provides, or has been construed to provide, for damages only punitive in nature, this paragraph shall not apply.
(2) The aggregate allowable awards to all rail passengers, against all defendants, for all claims, including claims for punitive damages, arising from a single accident or incident, shall not exceed $200,000,000.
**(b) Contractual Obligations.—** A provider of rail passenger transportation may enter into contracts that allocate financial responsibility for claims.
**(c) Mandatory Coverage.—** Amtrak shall maintain a total minimum liability coverage for claims through insurance and self-insurance of at least $200,000,000 per accident or incident.
**(d) Effect o
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 28103
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Federal law — U.S. Code and appendices · legal_authorities
Page 4
TITLE 45—RAILROADS
§ 51
Sec.
59.
Survival of right of action of person injured.
60.
Penalty for suppression of voluntary informa-
tion incident to accidents; separability.
§ 51. Liability of common carriers by railroad, in
interstate or foreign commerce, for injuries
to employees from negligence; employee de-
fined
Every common carrier by railroad while en-
gaging in commerce between any of the several
States or Territories, or between any of the
States and Territories, or between the District
of Columbia and any of the States or Terri-
tories, or between the District of Columbia or
any of the States or Territories and any foreign
nation or nations, shall be liable in damages to
any person suffering injury while he is employed
by such carrier in such commerce, or, in case of
the death of such employee, to his or her per-
sonal representative, for the benefit of the sur-
viving widow or husband and children of such
employee; and, if none, then of such employee’s
parents; and, if none, then of the next of kin de-
pendent upon such employee, for such injury or
death resulting in whole or in part from the neg-
ligence of any of the officers, agents, or employ-
ees of such carrier, or by reason of any defect or
insufficiency, due to its negligence, in its cars,
engines, appliances, machinery, track, roadbed,
works, boats, wharves, or other equipment.
Any employee of a carrier, any part of whose
duties as such employee shall be the furtherance
of interstate or foreign commerce; or shall, in
any way directly or closely and substantially,
affect such commerce as above set forth shall,
for the purposes of this chapter, be considered as
being employed by such carrier in such com-
merce and shall be considered as entitled to the
benefits of thi
Source: Supplied 2024 U.S. Code historical extraction · 45 U.S.C. § 51
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