{"id":343,"date":"2016-01-09T08:19:00","date_gmt":"2016-01-09T14:19:00","guid":{"rendered":"http:\/\/www.illinoisinjurylawyerblog.net\/?p=343"},"modified":"2018-04-23T11:45:40","modified_gmt":"2018-04-23T16:45:40","slug":"state-owned-railway-protected-sovereign-immunity-supreme-court-decides","status":"publish","type":"post","link":"https:\/\/www.molllawgroup.com\/blog\/state-owned-railway-protected-sovereign-immunity-supreme-court-decides\/","title":{"rendered":"State-Owned Railway Is Protected by Sovereign Immunity, Supreme Court Decides"},"content":{"rendered":"

In a recent decision<\/a>, the United States Supreme Court decided that a railway owned and operated by the government of Austria cannot be sued in the United States for an accident that occurred at one of the railway\u2019s stations in Austria. The plaintiff in the case, a resident of California, sued the state-owned railway for injuries she suffered after falling onto the tracks while boarding a train at the railway\u2019s Innsbruck, Austria station. When she fell, the train ran over her legs, requiring that both legs be amputated above the knee.<\/p>\n

Under federal law, foreign governments cannot be sued for damages in U.S. courts except under limited circumstances. This protection is known as sovereign immunity, and it was codified by Congress in the Foreign Sovereign Immunities Act.<\/p>\n

The Foreign Sovereign Immunities Act includes several limited exceptions, one of which permits a lawsuit against a foreign government when an injury is based upon commercial activity conducted in the United States. In her lawsuit, the injured American alleged that this exception applied in her case \u2014 and thus that her suit for damages should proceed \u2014 because her injuries were based upon the purchase of a train pass that occurred in the United States.<\/p>\n

Continue reading \u2192<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

In a recent decision, the United States Supreme Court decided that a railway owned and operated by the government of Austria cannot be sued in the United States for an accident that occurred at one of the railway\u2019s stations in Austria. The plaintiff in the case, a resident of California, sued the state-owned railway for […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[15,23],"tags":[],"class_list":["post-343","post","type-post","status-publish","format-standard","hentry","category-personal-injury-legal-theories","category-train-accidents"],"yoast_head":"\nState-Owned Railway Is Protected by Sovereign Immunity, Supreme Court Decides — Illinois Injury and Mass Tort Lawyer Blog — January 9, 2016<\/title>\n<meta name=\"description\" content=\"In a recent decision, the United States Supreme Court decided that a railway owned and operated by the government of Austria cannot be sued in the United — January 9, 2016\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" 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