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Premises Liability Archives

Court to decide if flooding suits against RR will be permitted

The Pennsylvania Supreme Court heard arguments earlier this month on whether or not the Federal Railroad Safety Act (FRSA) prohibits negligence suits against railroads for property damage caused by water diverted off their land due to poor track maintenance.  Currently, common law negligence suits brought by adjoining property owners against railroad companies are typically preempted/prohibited by federal law.  The Supremacy Clause of the U.S. Constitution provides that federal law trumps state law when the two are in conflict.  Here the FRSA trumps state law thus prohibiting citizens from bringing negligence claims the arise from an area covered by the federal law. 

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