The railroad industry has known for decades that diesel exhaust is harmful when inhaled. In 1955, the Association of American Railroads was already well aware not only of the potential danger from exposure to diesel locomotive exhaust, but also that FELA was sufficiently broad to allow lawsuits against the railroads for disease resulting from diesel exposure. The Federal Employers’ Liability Act (FELA) permits an injured worker to bring a lawsuit directly against his employers. The FELA applies to railroad workers who do not have recourse to the State’s workers’ compensation insurance system.
In 1946, most locomotives in service in the United States were still powered by steam boilers, but, by 1959, already 95% of the locomotives in service were diesel powered. The use of diesel-powered engines is not, of course, confined to the railroad industry. It is very likely that anyone spending considerable time in a confined or enclosed area such as a truck terminal contaminated by diesel exhaust may eventually experience ill health effects as a result. In recent years, scientists and doctors studying the effects of diesel exhaust exposure have concluded that lung cancer is causally related to diesel exhaust.
We are aware of this growing modern threat and welcome your inquiries. Our attorneys will investigate all facts involved with your case, and conduct research of all applicable laws.