Was that an arm or a leg?

Captain Morgan · 01-10-2012, 11:23 PM

Quote:

Originally Posted by tommymac

I am sure the railroad companies have deep pockets, sue them for making trains that are unsafe or cant stop in time.

Quote:

Originally Posted by Papa_Complex

They bear no fault in the stupidity of another.

So you think that people should pay for the mistakes of others? How unconservative of you.

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.

Papa_Complex · 01-11-2012, 06:18 AM

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.

tommymac · 01-11-2012, 07:09 AM

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.

Papa_Complex · 01-11-2012, 07:14 AM

Quote:

Originally Posted by tommymac

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.

I should think that it depends on the situation, just like here. Some idiot darts out between parked cars and right into the path of a car doing 30 MPH, and the driver isn't likely to be charged. In this case someone vacantly steps in front of a train that's going 70 MPH, and takes 2 miles to stop, and it isn't the engineer's fault. Even the law occasionally recognizes reality.

tommymac · 01-11-2012, 07:20 AM

Quote:

Originally Posted by Papa_Complex

I should think that it depends on the situation, just like here. Some idiot darts out between parked cars and right into the path of a car doing 30 MPH, and the driver isn't likely to be charged. In this case someone vacantly steps in front of a train that's going 70 MPH, and takes 2 miles to stop, and it isn't the engineer's fault. Even the law occasionally recognizes reality.

From a legal standpoint the driver wont be charged but as far as ins goes they almost always do. Then again recently in NYC no one stops when they thump a pedestrain anyway, been a lot of fatal hit and runs up here.

Captain Morgan · 01-11-2012, 09:42 AM

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.

Yes, I know. Hence the

at the end of my post.