Fire caused by railroad operations.

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  • (1) As used in this section:
    • (a) "Railroad operation" means an operation conducted:
      • (i) by a railroad:
        • (A) owner;
        • (B) operator;
        • (C) contractor; or
        • (D) lessee; and
      • (ii) on a rail line.
    • (b) "Railroad operation" includes an operation of a train, a construction operation, or a maintenance operation.
  • (2) In an action for damages that result from a fire caused by a railroad operation, proof that the fire occurred and was caused by a railroad operation is prima facie evidence of negligence on the part of the person who conducted the railroad operation.




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