Can a railroad's violation of safety regulations prove negligence under FELA?

What the Law Says

The Federal Employers Liability Act (FELA) creates a negligence-based cause of action for railroad workers injured on the job. Unlike workers’ compensation, FELA requires the employee to prove the railroad’s negligence contributed in any way to the injury.

FELA does not define 'negligence' but incorporates common-law principles. Courts have consistently held that violating federal safety statutes or regulations — such as those issued by the Federal Railroad Administration (FRA) — is strong evidence of negligence, and in many cases, constitutes negligence per se under FELA.

This means that if a railroad fails to comply with a regulation designed to protect employees (e.g., concerning equipment maintenance, signal systems, or workplace safeguards), that violation may alone satisfy the negligence element — provided the regulation was intended to prevent the type of harm that occurred.

Statutory Text

Every common carrier by railroad while engaging in commerce between any of the several States or Territories, or between any of said States and Territories, or between the United States and any other country, 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 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.

— 45 U.S.C. § 51 — Liability of common carriers by railroad...

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