--- kind: "section" citation: "49 U.S.C. § 11704" title: "49" title_heading: "Transportation" number: "11704" heading: "Rights and remedies of persons injured by rail carriers" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/49/11704" units: - "Subtitle IV — Interstate Transportation" - "Part A — Rail" - "Chapter 117 — Enforcement: Investigations, Rights, and Remedies" --- # §11704. Rights and remedies of persons injured by rail carriers - (a) A [person](/usc/49/13102.md?p=18) injured because a [rail carrier](/usc/49/10102.md?p=5) providing [transportation](/usc/49/10102.md?p=9) or service subject to the jurisdiction of the [Board](/usc/49/10102.md?p=1) under this part does not obey an order of the [Board](/usc/49/10102.md?p=1), except an order for the payment of money, may bring a civil action in a [United States](/usc/49/10102.md?p=10) District Court to enforce that order under this subsection. - (b) A [rail carrier](/usc/49/10102.md?p=5) providing [transportation](/usc/49/10102.md?p=9) subject to the jurisdiction of the [Board](/usc/49/10102.md?p=1) under this part is liable for damages sustained by a [person](/usc/49/13102.md?p=18) as a result of an act or omission of that [carrier](/usc/49/13102.md?p=3) in violation of this part. A [rail carrier](/usc/49/10102.md?p=5) providing [transportation](/usc/49/10102.md?p=9) subject to the jurisdiction of the [Board](/usc/49/10102.md?p=1) under this part is liable to a [person](/usc/49/13102.md?p=18) for amounts charged that exceed the applicable [rate](/usc/49/10102.md?p=7) for the [transportation](/usc/49/10102.md?p=9). - (c) - (1) A [person](/usc/49/13102.md?p=18) may file a complaint with the [Board](/usc/49/10102.md?p=1) under [section 11701(b) of this title](/usc/49/11701.md?p=b) or bring a civil action under [subsection (b)](#b) of this section to enforce liability against a [rail carrier](/usc/49/10102.md?p=5) providing [transportation](/usc/49/10102.md?p=9) subject to the jurisdiction of the [Board](/usc/49/10102.md?p=1) under this part. - (2) When the [Board](/usc/49/10102.md?p=1) makes an award under [subsection (b)](#b) of this section, the [Board](/usc/49/10102.md?p=1) shall order the [rail carrier](/usc/49/10102.md?p=5) to pay the amount awarded by a specific date. The [Board](/usc/49/10102.md?p=1) may order a [rail carrier](/usc/49/10102.md?p=5) providing [transportation](/usc/49/10102.md?p=9) subject to the jurisdiction of the [Board](/usc/49/10102.md?p=1) under this part to pay damages only when the proceeding is on complaint. The [person](/usc/49/13102.md?p=18) for whose benefit an order of the [Board](/usc/49/10102.md?p=1) requiring the payment of money is made may bring a civil action to enforce that order under this paragraph if the [rail carrier](/usc/49/10102.md?p=5) does not pay the amount awarded by the date payment was ordered to be made. - (d) - (1) When a [person](/usc/49/13102.md?p=18) begins a civil action under [subsection (b)](#b) of this section to enforce an order of the [Board](/usc/49/10102.md?p=1) requiring the payment of damages by a [rail carrier](/usc/49/10102.md?p=5) providing [transportation](/usc/49/10102.md?p=9) subject to the jurisdiction of the [Board](/usc/49/10102.md?p=1) under this part, the text of the order of the [Board](/usc/49/10102.md?p=1) must be included in the complaint. In addition to the district courts of the [United States](/usc/49/10102.md?p=10), a [State](/usc/49/10102.md?p=8) court of general jurisdiction having jurisdiction of the parties has jurisdiction to enforce an order under this paragraph. The findings and order of the [Board](/usc/49/10102.md?p=1) are competent evidence of the facts stated in them. Trial in a civil action brought in a district court of the [United States](/usc/49/10102.md?p=10) under this paragraph is in the judicial district— - (A) in which the plaintiff resides; - (B) in which the principal operating office of the [rail carrier](/usc/49/10102.md?p=5) is located; or - (C) through which the [railroad](/usc/49/10102.md?p=6) line of that [carrier](/usc/49/13102.md?p=3) runs. In a civil action under this paragraph, the plaintiff is liable for only those costs that accrue on an appeal taken by the plaintiff. - (2) All parties in whose favor the award was made may be joined as plaintiffs in a civil action brought in a district court of the [United States](/usc/49/10102.md?p=10) under this subsection and all the [rail carriers](/usc/49/10102.md?p=5) that are parties to the order awarding damages may be joined as defendants. Trial in the action is in the judicial district in which any one of the plaintiffs could bring the action against any one of the defendants. Process may be served on a defendant at its principal operating office when that defendant is not in the district in which the action is brought. A judgment ordering recovery may be made in favor of any of those plaintiffs against the defendant found to be liable to that plaintiff. - (3) The district court shall award a reasonable attorney’s fee as a part of the damages for which a [rail carrier](/usc/49/10102.md?p=5) is found liable under this subsection. The district court shall tax and collect that fee as a part of the costs of the action. ## Source credit (Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 846.) ## Notes ### Editorial Notes ### Prior Provisions Provisions similar to those in this section were contained in section 11705 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). A prior section 11704, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1451, related to actions by private persons to enjoin abandonment of service, prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). ### Statutory Notes and Related Subsidiaries ### Effective Date Section effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title.