Relieving railroad companies of liability during parades under certain circumstances
Should SB45 be enacted, it will significantly affect liability laws concerning railroad crossings during community events. It aims to enhance the safety and coordination of parades by allowing for clear communication between organizing entities and railroad companies. This legislative change is likely to reduce the legal risks faced by railroad companies but could raise concerns about the adequacy of safety measures in place for pedestrians and vehicles crossing during such events.
Senate Bill 45 seeks to amend ยง31-2A-2 of the West Virginia Code by relieving railroad companies from liability in instances where an injury occurs at a railroad crossing during official parades conducted by schools or municipalities. The bill stipulates that as long as the railroad company is notified in advance of the parade and stops their train during the event, they cannot be held liable for any accidents in the vicinity of the crossing. This provision is designed to facilitate the operation of parades without additional burdens on railroad companies.
The sentiment around SB45 appears to be cautiously supportive among lawmakers who emphasize the need for safety during community events. Proponents believe that the bill provides essential protection for railroad companies while ensuring that local parades can proceed safely. However, there are underlying concerns that the bill might lead to less accountability for railroad companies in ensuring safety protocols are diligently followed, particularly in scenarios where the public is directly involved.
Notable contention surrounding SB45 revolves around the balance between easing liability for businesses and ensuring public safety during parades. Critics may argue that this bill underscores an imbalance that favors railroad companies at the expense of individuals who might be affected by accidents during parades. Advocates for public safety might raise questions about the effectiveness of notification systems to ensure that trains are adequately stopped and that public safety is not compromised during these events.