Quote:
Originally Posted by Papa_Complex
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. |
In NY and i am assuming in most states if a car hits a pedestrian the driver is prety much automatically at fault no matter how clueless/oblivious the pedestrian is.