In general, FELA litigations adjudicated in state courts are governed by state procedural rules and federal substantive law. FELA expressly imposes liability upon the employer to pay damages for injury or death due in whole or in part to its negligence.
A cause of action under FELA may be based upon a violation of the Safety Appliance Act (45 U.S.C. §§ 1-16, requiring certain safety appliances and equipment on railroad cars and engines for the use and protection of employees and travelers) or the Boiler Inspection Act (45 U.S.C. §§ 22-34, requiring the use of safe locomotives, parts, and appurtenances). Where violation of these safety statutes is shown, no further showing of negligence is required, only the causal relation between the violation and the injury.
A defendant rail carrier may not plead the contributory negligence of an employee as a full defense and bar to recovery. Rather, damages are to be diminished by the jury in proportion to the amount of negligence attributable to the employee.
Statute of Limitations. There is a three-year statute of limitations, regardless of the state law where the injury occurred.
