Premises liability, safety and railroad crossings in Florida

On Behalf of | Jan 13, 2016 | Premises Liability |

There are premises liability laws in place in Florida to provide for the safety of the population. Designed to address a wide variety of issues and situations, these laws will run the gamut from providing proper security to making certain that the lighting is sufficient and much more. If, as a result of a failure to account for hazardous conditions people are injured or killed, it could be the foundation for a legal filing where the injured could be compensated.

Railroad safety is not often considered when it comes to safety requirements, but the state law has certain rules that must be followed regarding grade-crossing warning signs and signals, audible warnings, reasonable care being exercised, the blocking of highways and roads and streets when it is dark. The railroad company must provide for the safety of motorists as they cross a track that is situated on a highway. There must be warnings signs that accord with the uniform system of traffic control devices.

On the pavement, there must be advance warning signs installed and these must be maintained based on the governmental jurisdiction. A railroad train that is within 1,500 feet of a public highway or railroad crossing must have an audible signal for that distance. This could be altered based on certain federal sound regulations, but must have other safety regulations in place. These regulations include a preventative device preventing people from driving under or around railroad gates that have been lowered and signs warning the public that there will not be horns sounded at the hours between 10:00 p.m. and 6:00 a.m.

Visual warning devices are necessary if a railroad switching operation blocks a road, street or public highway one-half hour before sunrise or one-half hour after sunset. There must be sufficient light provided to warn people that the train is there. Railroad crossings with an automatic warning device are not subject to this rule.

Premises liability is not just about inadequate security or inadequate lighting. A train accident is extremely dangerous and can cause substantial injuries and fatalities. Those who believe that there was a violation of the law need to speak to a legal professional experienced in premises liability cases.

Source:, “351.03 Railroad-highway grade-crossing warning signs and signals; audible warnings; exercise of reasonable care; blocking highways, roads, and streets during darkness.,” accessed on Jan. 10, 2016


attorneys Brad Culpepper and Brett J. Kurland