Introduction

This article examines Georgia statutes concerning railroad equipment safety regulations in the context of cargo containment failures.

Scenario

A freight train passes through downtown Macon, Georgia, on the Central of Georgia Railway line. While traveling through a populated area, cargo doors on a railcar unexpectedly open, spilling heavy equipment parts onto adjacent property. The falling cargo damages several parked vehicles and narrowly misses pedestrians. Investigation reveals faulty door latches that were not properly inspected before departure.

Georgia Law

Railroad Equipment Safety

Georgia Code § 46-8-280: “Every railroad company shall be required to keep and maintain its roadbed, track, bridges, and equipment in good repair and safe for the operation of its trains at the maximum speed permitted for the train involved.”

Railroad Company Duties

Georgia Code § 46-8-190: “All railroad companies shall be liable for any and all damages done to persons, stock, or property by the running of the locomotives or cars of such companies, or for damage done by the servants, agents, or employees of such companies, unless the company shall make it appear that their agents have exercised all ordinary and reasonable care and diligence, the presumption in all cases being against the company.”

General Duty of Care

Georgia Code § 51-1-2: “Every person owes a duty to all other persons to exercise ordinary care not to injure them by any act or by any failure to act.”

Common Carrier Standard

Georgia Code § 46-9-1: “Common carriers are such persons or corporations as hold themselves out to the public as engaged in the business of transportation of persons or property from place to place for compensation, offering their services to the public generally.”

Conclusion

The scenario describes cargo door failure on a freight train in Macon, Georgia. Georgia Code § 46-8-280 requires safe equipment maintenance. Georgia Code § 46-8-190 establishes railroad company liability with presumption against the company. These statutes establish the framework for freight train operator liability under Georgia law.

FAQ

Q: What does Georgia Code § 46-8-280 require of railroad companies? A: Georgia Code § 46-8-280 requires companies to “keep and maintain its roadbed, track, bridges, and equipment in good repair and safe for the operation of its trains.”

Q: What presumption exists under Georgia Code § 46-8-190? A: Georgia Code § 46-8-190 states “the presumption in all cases being against the company” unless they show “their agents have exercised all ordinary and reasonable care and diligence.”

Q: What liability does Georgia Code § 46-8-190 create? A: Georgia Code § 46-8-190 states railroad companies “shall be liable for any and all damages done to persons, stock, or property by the running of the locomotives or cars.”

Q: Where are railroad safety laws found in the Georgia Code? A: Railroad safety laws are found in Georgia Code Title 46, Chapter 8.

Q: Does Georgia Code § 51-1-2 apply to railroad operations? A: Georgia Code § 51-1-2 states: “Every person owes a duty to all other persons to exercise ordinary care not to injure them by any act or by any failure to act.”

Legal Disclaimer

This article is provided for general informational purposes only and does not constitute legal advice, recommendation, or guidance. It does not create an attorney-client relationship. No actions should be taken based on the content of this article. For any specific legal matter, consult with a qualified and licensed attorney in your jurisdiction.

Scenario Disclaimer

The scenario described is entirely fictional and intended solely for illustrative purposes. Any resemblance to real persons, events, or situations is purely coincidental.