In a first-of-its-kind ruling, the Southern District of New York dismissed a plaintiff’s sidewalk trip-and-fall claim against Amtrak, finding that federal law preempts the imposition of tort liability for sidewalk defects under New York City Administrative Code § 7-210 (the “sidewalk statute”), a cost-saving rule that shifts liability for sidewalk defects to abutting property owners.
The plaintiff tripped and fell on a defective sidewalk flag located next to a bus stop in the Bronx. The sidewalk ran parallel to Amtrak property where Amtrak operated trains as part of its Northeast Corridor route. Plaintiff argued that Amtrak was liable under NYC Admin. Code § 7-210. LCBF successfully argued that § 7-210 was preempted by 49 U.S.C. § 24902(j), a federal statute that treats Amtrak’s Northeast Corridor property like a federal enclave, exempting Amtrak from local building, zoning, and any “similar or related” laws regulating the “use or operation” of Amtrak’s property.
The Court agreed that § 24902(j) facially precluded any local rule regulating the use or operation of Amtrak’s property, not just construction and zoning rules, and that § 7-210’s sidewalk maintenance obligations were “similar or related” to zoning and building regulations and therefore preempted by the plain language of § 24902(j). The Court also held, broadly, that Amtrak was entitled to federal enclave exemption from “any other State or local law” without restriction to “zoning” ordinances.
Importantly, in granting summary judgment in favor of Amtrak, the Court also agreed that imposing tort liability on Amtrak under § 7-210 would undermine Congressional intent to protect Amtrak from burdens imposed by any state or local government along the Northeast Corridor.
This is a significant decision, finding for the first time that Amtrak is broadly exempt from personal injury claims arising out of defects located on a New York City-owned sidewalk near Amtrak’s Northeast Corridor.
This case was successfully defended by Gerald T. Ford, Sophia Ree, Matthew Hughes and Jolanis Alexandre.