Tex. Codes » Transportation Code · TITLE 5. RAILROADS · SUBTITLE C. RAILROADS GENERALLY · CHAPTER 112. POWERS AND DUTIES OF RAILROADS
Texas Codes

Tex. Transp. Code § 112.152 (2026)

Liability Generally For Injury To Or Death Of Employee

✓ current as of May 2026
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Sec. 112.152. LIABILITY GENERALLY FOR INJURY TO OR DEATH OF EMPLOYEE. (a) A corporation, receiver, or other person operating a railroad in this state is liable for damages to a person who, while employed by the railroad operator, is injured as a result of:

(1) the negligence of an officer, agent, or employee of the railroad operator; or

(2) any defect or insufficiency due to the railroad operator's negligence in its cars, engines, appliances, machinery, track, roadbed, works, boats, wharves, or other equipment.

(b) If an employee dies as a result of the negligence, defect, or insufficiency described by Subsection (a), the railroad operator is liable to the employee's personal representative for the benefit of the employee's surviving spouse and children and the employee's parents or, if the employee is not survived by a spouse, child, or parent, to the employee's next of kin who is dependent on the employee.

(c) Damages recovered under Subsection (b) are not liable for the debts of the deceased and shall be divided among the persons entitled to the benefit of the action who are living, in shares the fact finder considers proper.

(d) An action under Subsection (b) may be brought without administration by all parties entitled to damages under that subsection, or by any one or more of those parties, for the benefit of all of those parties. If all parties entitled to recover are not before the court, the action may proceed for the benefit of the parties who are before the court.

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2011–2022 · leading case: Jeffrey Huntley v. Bayer Materialscience, L.L.C., 452 F. App'x 453 (5th Cir. 2011).
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Jeffrey Huntley v. Bayer Materialscience, L.L.C., 452 F. App'x 453 (5th Cir. 2011). “§ 6439 (repealed 2009) (current version at Tex. Transp Code § 112.152). 3 . Tex. Lab.”
Berry v. Union Pac. R.R. Co. (S.D. Tex. 2022). · cites it 2× “Not only does Berry fail to allege that her incident occurred at a grade crossing, falling outside the scope of the statute, the statute’s language makes clear that it should not serve as the basis of a negligence per se claim.”
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