Quote:
Originally Posted by Captain Morgan
One could argue that the railroad companies are aware that deaths occur from someone trying to run across tracks and getting hit by trains. It is reasonably forseeable that a person running across the tracks and getting hit by a train will die or be dismembered. Therefore, the railroad companies were negligent in not making it extremely difficult, if not impossible, for a person to run across the tracks.  |
You could argue that Papermate knows that people jam pens into their eyes and so is liable when someone does that, but it doesn't make it so
The oncoming train had a clear signal and sounded, and so is not liable. If someone chooses to almost literally put blinders on (umbrella facing in the direction from which the train was coming) and then walk into traffic, whose fault is it?
I'm constantly amazed at the stupidity of people who I see jumping off curbs without looking because someone next to them did, step into traffic while concentrating on their Crackberry, or crossing 5 feet down from a red light that they don't think applies to them.