Last updated: 3/30/2015
2920. Federal Safety Appliance Act or Boiler Inspection Act Essential Factual Elements
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Description
2920. Federal Safety Appliance Act or Boiler Inspection Act-- Essential Factual Elements Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] [also] claims that while [he/she/[name of decedent]] was employed by [name of defendant], [[he/she] was harmed by/[his/her] death was caused by] [name of defendant]'s [describe violation of Federal Safety Appliance Act/Boiler Inspection Act]. To establish this claim, [name of plaintiff] must prove all of the following: 1. 2. 3. 4. 5. 6. 7. 8. That [name of plaintiff/decedent] was employed by [name of defendant]; That [name of defendant] was a common carrier by railroad; That [name of plaintiff/decedent] was acting within the scope of [his/her] employment at the time of the incident; That [name of defendant] was engaged in interstate commerce; That [name of plaintiff/decedent]'s job duties furthered, or in any way substantially affected, interstate commerce; That [name of defendant][describe violation of Federal Safety Appliance Act/Boiler Inspection Act]; That [name of plaintiff] was harmed; and That [name of defendant]'s conduct was a cause of [[name of plaintiff]'s harm/[name of decedent]'s death]. [Interstate commerce is commercial activity that crosses more than one country or state, such as the movement of goods from one state to another.] [Name of defendant] is responsible for harm caused by [describe conduct that 2920. Federal Safety Appliance Act or Boiler Inspection Act-- Essential Factual Elements Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 violated the FSA/BIA] even if it was not negligent. If you f nd that [name of defendant] is responsible for [name of plaintiff/decedent]'s [harm/death], [name of plaintiff]'s recovery, if any, must not be reduced because of [name of plaintiff/decedent]'s own conduct. ________________________________________________________________________________ New September 2003; Revised December 2009, June 2011
