15.42 ELEMENTS OF CLAIM: SAFETY APPLIANCE ACT VIOLATION

• Category: Federal - Jury Instructions - 8th Circuit - Civil - Animals
• State: Multi-State
• Control #: US-8THCIR-JURY-15-42
• Format: Word

Description

http://www.juryinstructions.ca8.uscourts.gov/8th%20Circuit%20Manual%20of%20Model%20Civil%20Jury%20Instructions.pdf 15.42 ELEMENTS OF CLAIM: SAFETY APPLIANCE ACT VIOLATION refers to a violation of the Safety Appliance Act of 1910 which requires all railroad equipment to be equipped with certain safety appliances, including brakes, coupling devices, and automatic couplers. The Act further requires that these appliances be kept in good working order and that any repairs needed be made without delay. There are two main types of 15.42 ELEMENTS OF CLAIM: SAFETY APPLIANCE ACT VIOLATION, namely, direct violation and constructive violation. Direct violation is when the railroad company fails to equip its train cars with the necessary safety appliances or fails to keep them in good working order. Constructive violation is when the railroad company fails to take reasonable steps to ensure that its equipment is in compliance with the Act. In either case, the plaintiff must prove that the railroad was negligent in its duties under the Act in order to succeed in a claim for damages.

15.42 ELEMENTS OF CLAIM: SAFETY APPLIANCE ACT VIOLATION refers to a violation of the Safety Appliance Act of 1910 which requires all railroad equipment to be equipped with certain safety appliances, including brakes, coupling devices, and automatic couplers. The Act further requires that these appliances be kept in good working order and that any repairs needed be made without delay. There are two main types of 15.42 ELEMENTS OF CLAIM: SAFETY APPLIANCE ACT VIOLATION, namely, direct violation and constructive violation. Direct violation is when the railroad company fails to equip its train cars with the necessary safety appliances or fails to keep them in good working order. Constructive violation is when the railroad company fails to take reasonable steps to ensure that its equipment is in compliance with the Act. In either case, the plaintiff must prove that the railroad was negligent in its duties under the Act in order to succeed in a claim for damages.