North Dakota House Bill HB1252

North Dakota 2023-2024 Regular Session

• Introduced: 1/10/23
• Refer: 1/10/23

Caption

The liability of a railroad corporation.

Impact

One of the notable aspects of this bill is its provision allowing a political subdivision to assume liability for injuries that occur on railroad properties that have been inactive for over ten years. This is specifically designed for the establishment and maintenance of public walking or biking paths, promoting public use without transferring ownership of the property to the subdivision. This aspect indicates an intent to enhance community access to recreational spaces while defining liability in a manner favorable to railroad corporations.

Summary

House Bill 1252 proposes amendments to section 32-03-51 of the North Dakota Century Code concerning the liability of railroad corporations. The bill aims to limit the liability of railroad owners or operators in cases where individuals are injured while illegally boarding or disembarking from moving locomotives or railroad cars. Specifically, it states that damages cannot be recovered unless the injury was caused by an intentional act of the railroad owner or operator, or if they acted with wanton disregard for the safety of individuals, exposing them to the risk of serious injury.

Contention

The potential points of contention surrounding HB1252 may relate to concerns about public safety and the responsibilities of railroad owners. Advocates for the bill may argue that it encourages the development of community infrastructure, while opponents could raise alarms over reducing accountability of railroad corporations and the risks posed to the public by limiting their liability for injuries. There may also be discussions about the balance between encouraging local governmental actions to improve public amenities and ensuring that property owners maintain a reasonable standard of safety to avoid harm to unauthorized individuals.