Q: My Dad worked for the railroad and now has lung cancer. He worked around diesel exhaust. Can he sue the railroad?
He worked for the railroad for 35 years.
A: Yes - if he was exposed to diesel exhaust at work he may very well have a case. Diesel Exhaust is now considered a carcinogen by the World Health Organization. He would need to bring his action under the Federal Employers Liability Act. If he rode on locomotives, the Locomotive Inspection Act and Code of Federal Regulations will come into play as well. These are complicated toxic tort claims however, so make sure that you retain counsel who is very familiar with both FELA law and toxic tort litigation. Multiple experts will need to be retained in order to prove up a claim like this. Best of luck to you.
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