49 U.S.C. § 28103 — Limitations on rail passenger transportation liability
submitted 29 years ago by Pub. L. 105-134 to r/title-49-TRANSPORTATION · 449 words · no verdicts yet
This section limits punitive damages and total awards for specified rail passenger claims. It also permits contracts allocating claim responsibility and requires Amtrak to maintain minimum coverage.
(a) Limitations. — (1) For a claim about a passenger’s injury, death, or property damage connected with rail passenger transportation or its use of a right-of-way or facility owned, leased, or maintained by a high-speed railroad authority or operator, commuter authority or operator, rail carrier, or State, punitive damages may be awarded only if State law allows them and the plaintiff proves by clear and convincing evidence that the defendant acted with conscious, flagrant indifference to other people’s rights or safety. This rule does not apply when a person died and the law where the act or omission happened provides, or has been interpreted to provide, only punitive damages. (2) For one accident or incident, the total awards allowed to all rail passengers against all defendants, including punitive damages, may not exceed $200,000,000. (b) Contractual obligations. — A rail passenger transportation provider may make contracts assigning financial responsibility for claims. (c) Mandatory coverage. — Amtrak must keep at least $200,000,000 in total liability coverage per accident or incident through insurance and self-insurance. (d) Effect on other laws. — This section does not change damages recoverable under the Federal Employers’ Liability Act (45 U.S.C. 51 et seq.) or any workers’ compensation Act. (e) Definition. — In this section, “claim” means a claim against Amtrak, a high-speed railroad authority or operator, a commuter authority or operator, a rail carrier, or a State, or against one of their officers, employees, railroad-operation affiliates, or agents. “Punitive damages” means damages awarded to punish or deter a person or entity, or others, from similar future conduct. “Rail carrier” includes a person providing excursion, scenic, or museum train service and an owner or operator of a privately owned rail passenger car.
Notwithstanding any other statutory or common law or public policy, or the nature of the conduct giving rise to damages or liability, in a claim for personal injury to a passenger, death of a passenger, or damage to property of a passenger arising from or in connection with the provision of rail passenger transportation, or from or in connection with any rail passenger transportation operations over or rail passenger transportation use of right-of-way or facilities owned, leased, or maintained by any high-speed railroad authority or operator, any commuter authority or operator, any rail carrier, or any State, punitive damages, to the extent permitted by applicable State law, may be awarded in connection with any such claim only if the plaintiff establishes by clear and convincing evidence that the harm that is the subject of the action was the result of conduct carried out by the defendant with a conscious, flagrant indifference to the rights or safety of others. If, in any case wherein death was caused, the law of the place where the act or omission complained of occurred provides, or has been construed to provide, for damages only punitive in nature, this paragraph shall not apply.
The aggregate allowable awards to all rail passengers, against all defendants, for all claims, including claims for punitive damages, arising from a single accident or incident, shall not exceed $200,000,000.
A provider of rail passenger transportation may enter into contracts that allocate financial responsibility for claims.
Amtrak shall maintain a total minimum liability coverage for claims through insurance and self-insurance of at least $200,000,000 per accident or incident.
This section shall not affect the damages that may be recovered under the Act of April 27, 1908 (45 U.S.C. 51 et seq.; popularly known as the “Federal Employers’ Liability Act”) or under any workers compensation Act.
For purposes of this section—
the term “claim” means a claim made—
against Amtrak, any high-speed railroad authority or operator, any commuter authority or operator, any rail carrier, or any State; or
against an officer, employee, affiliate engaged in railroad operations, or agent, of Amtrak, any high-speed railroad authority or operator, any commuter authority or operator, any rail carrier, or any State;
the term “punitive damages” means damages awarded against any person or entity to punish or deter such person or entity, or others, from engaging in similar behavior in the future; and
the term “rail carrier” includes a person providing excursion, scenic, or museum train service, and an owner or operator of a privately owned rail passenger car.
Source credit: (Added Pub. L. 105–134, title I, § 161(a), Dec. 2, 1997, 111 Stat. 2577.)
- 1997Enacted · Pub. L. 105-134 · 111 Stat. 2577
A history note hasn’t been published yet. The record shows enactment by Pub. L. 105-134 on 1997-12-02.
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