We have handled several cases involving injuries caused when a grab iron unexpectedly breaks in use. Under general law, we would normally have to prove the railroad knew or should have known the grab iron was defective and likely to break. The Safety Appliance Act imposes strict liability on the railroad if the car is “in use”. On several cases, the railroad attempted to get our strict liability claims dismissed, claiming the “in use” requirement does not apply to yard switching. We fought and won each of those motions, and obtained substantial confidential settlements for our clients.
