Dead Teen Sued for Flying Body Parts

Kopikatsu

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Treblaine said:
An average-sized train going at 55mph (Normal speed) takes 1 to 1 1/4 miles to come to a complete stop. Additionally, it travels on a pre-determined path that's fully visible (The rails).

How exactly is the train operator, or the train company for that matter, even slightly liable? There is literally nothing they can do about dumbasses running into a train. They do have signs that say 'Don't stop/go on the train tracks'. Not that they should need them.
 

Treblaine

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Kopikatsu said:
Treblaine said:
An average-sized train going at 55mph (Normal speed) takes 1 to 1 1/4 miles to come to a complete stop. Additionally, it travels on a pre-determined path that's fully visible (The rails).

How exactly is the train operator, or the train company for that matter, even slightly liable? There is literally nothing they can do about dumbasses running into a train. They do have signs that say 'Don't stop/go on the train tracks'. Not that they should need them.
Yes there is. It's called a fence.

Put it along lines where people are likely to cross up till the point where there is a bridge/tunnel or designated crossing point. If a level crossing, have it blare a siren warning of an oncoming train or a CCTV monitoring, there is no reason to keep living in the 19th centry. Fences are cheap. Sirens are cheap. A human life is priceless.

You would appreciate this if you had to work in a dangerous environment like a third-world oil refinery. Its easy to be callous about peoples lives around dangerous machinery when it's not people you know who have been horribly killed, thankfully not my experience but my Dad was an oil worker during the Piper Alpha disaster and he had many of his friends and co-workmates killed in that "accident". Well accidents don't just happen, you can't just says "derp, shouldn't have done that!" HOW ARE YOU GOING TO PREVENT THAT HAPPENING! How could this have been prevented.

After that may dad retrained as a safety officer and he's drilled into me what it means to be responsible for peoples lives.

A sign is not enough. We are bombarded with signs all day, if everyone stopped to read each one and consider it no one would get anywhere and the public generally don't. You can't just say "well most people are stupid" as that says most people deserves to die for an innocent oversight! You cannot use a sign to waiver all responsibility, you cannot expect it to prevent such pointless loss of life as this.

This fencing doesn't need to be all over the hundreds of miles of tracks, just over the points where there is habitation directly on either side as people are liable to cross there. At the very least in this case which was immediately adjacent to a station.

A classic example of how people get killed on rails is with a pair of tracks they actually see a train passing on their right side (the track near them) and wait for it to pass but just as the last carriage passes and they step out they see another train coming from the left on the other track! The train's size and noise masked the other one coming till it was less that a second from impact they have no time to react and are pulverised.

How can this be prevented? When one train driver sees someone (a hiker maybe) waiting to pass and notice another train pass on the other side then they honk their horn to warn them and follow pre arranged instructions to reduce the danger of them immediately stepping out afterwards.

Every time there is loss of life in a company or authority then those RESPONSIBLE should ask "how can we prevent this ever happening again".

This happens after every airplane crash. Once they find the cause of the disaster then all planes with a similar fault are legally obliged to fix the problem As Soon As Possible (literally) or they will be grounded until they do.

You may be some sort of intellectual elitist who think it's OK for the stupid masses to be killed, well consider just how sociopathic that is and how bloody disastrous it would be if people responsible for dangerous equipment held your views.
 

Jegsimmons

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i9 want both the lawyer and the person who started the law suit to be executed FOR BEING FUCKING STUPID!!!


AAAGGGGHHHHH!!!! I CANT TAKE IT ANYMORE!!!! I GOING TO FUCKING MARS AND NO BODY CAN COME WITH ME!!!!!
 

senordesol

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Spot1990 said:
Trains stop at designated areas, travel at a fairly consistent speed, don't leave a predetermined track. There is literally no excuse for getting hit by one and no way to pass the blame.
^THIS^

I ride a train to work every day.

I cannot fathom unless you are blind and deaf (or a drooling, dangerous idiot), how you could possibly end up on the wrong end of one if you are capable of the complex higher reasoning involved in -say- NOT sticking a penny in a power socket.

As a general rule, I would hope EVERYONE would know to stay the hell away from train tracks. If there is a choice between crossing them and not crossing them, DON'T CROSS THEM. You wouldn't try to cross the cement median on a highway, would you?

Secondly: Seriously! Never step on train tracks.

Thirdly: If you absolutely, positively, HAVE TO cross tracks. Have a look around first and make sure that you won't get splattered by a big, noisy multi-ton vehicle in the attempt.
 

Treblaine

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Kendarik said:
Because you have to establish a duty of care. Indirect duties and causation are often impossible to prove. It's clear that the boy's actions caused her injuries. It is possible that the railway in some way insufficiently protected the man from accidental injuries, but that isn't certain. It's rather unclear what action of the railway caused direct harm to the woman. And if the boy wasn't responsible for he injuries than any failure to protect the man from his accident or suicide gets the railroad off the hook totally. The man's estate MUST be brought in to the action. It's only HIS estate the MAY have a clear cause of action against the railroad.


If the brakes suddenly go out on your car when you need them then how can it be any percentage of your fault?
You are responsible because its your car and you are legally required to maintain it and safety check it on a regular basis, or maybe even with the failure you could have turned to avoid, sound your horn soon, not have been following to close to stop without brakes, failure to use alternate breaking methods such as emergency brakes and gear changes, etc. You might only be 1% responsible, but odds are there was SOMETHING you could have done to avoid or lessen the accident. It is however theoretically possible that you caused the accident (so your insurance pays out) but then the court says its 100% the manufacturers fault,in which case they reimburse your insurance.

it's quite clear that no reasonable person can stop a car it the brakes suddenly stop working.
Your driving school teacher didn't teach these options? That's a fail on their part.

PS: "guilt" is for criminal court surely? It is found liable in civil court, right?
Did I say guilt? You are correct, in most cases we are talking about liability. Although some cases might be criminal negligence cases too.

The odds of the kid getting off the hook is pretty low.
Yeah. On account of him being dead.
No, on the count of his actions being the core cause of the problem.

It's the bereaved parents who "won't get off the hook" here, as if it is so cut-and-dry that there is any hook to be on here. As if the train operators have only a small percentage of responsibility for the gruesome death of a young man and severe injury of a woman on their property involving their equipment.
His parents are completely off the hook. They have ZERO personal liability. This is between his estate, the plaintiff, and the insurance companies. The parents can ignore it completely, it can't hurt them unless their kid was filthy rich on his own and they will inherit less.
Well if their parents are off the hook and he (lets face it) probably won't be covered by insurance then this is as dumb as trying to sue God or some other entity who can never pay. I mean who will be representing his estate in court? An representative of the kid's insurance company?

It seems pretty direct to me. ANYTHING could have been on the line to be hit and propelled by a train, a wild animal or fallen branch or anything not placed by direct conscious action (I don't think a deer can be held liable). The rail company could do something to factor for that by keeping lines clear down-line of where they expect people to congregate. Like for example when going through stations at a reduced speed. Or request that station platforms or anywhere "down wind" of the train be vacated while a train is passing at high speed so if anything is hit or falls off it will bounce off into an area people are unlikely to be waiting. People only need to be on the station platform when a train is slowly coming in to stop or just after it leaves, not all the other time when trains are passing at high speed.


safety check your car on a regular basis, or maybe even with the failure you could have turned to avoid, sound your horn soon, not have been following to close to stop without brakes, failure to use alternate breaking methods such as emergency brakes and gear changes, etc.

Your driving school teacher didn't teach these options? That's a fail on their part.
This is a about a sudden unexpected failure. This is a car that has had every government and manufacture stipulated check on time and was found functioning, no recall notice, no weird modifications, no indications. Sudden and complete loss of brakes.

I asked my instructor about how to deal with that and they said to MOST DEFINITELY NOT swerve off onto the pavement where pedestrians are who are FAR more vulnerable to being hit by a car than another car. Nor swerve the other way into oncoming traffic. The advice I had, on a manual gearbox which is rather rare in America and I think not an option on automatics, is to shift into low gear and attempt engine braking but that won't stop it much and it takes time to find the gear as going too low the gears will just grind, the only option is to continue your course (foot off the gas of course) and pump the brake pedal the eeak any residual hydraulic pressure. Honking would be worthless as the car in front can't do anything. Handbrake is also worthless, on most cars it's an extremely weak brake that auto-disengages when driving, it is only BARELY enough to start rolling away from stationary under gravity. Safe driving distance is a product of braking distance, but if the breaks don't work at all...

Rear ending another car would be the most reasonable thing to do if its is impossible to stop as the rear end of a car will absorb an impact much more safely than the front where the engine is and people's legs extend.

See alternate braking tricks are complicated manoeuvres to perform for the first time with time and lives on the line, you can't expect people to perform. That doesn't make them responsible, for failing to be excellent at compensating for dangerously faulty machinery.

The reality is for certain things people really do 100% depend on the manufacturer to do its job, like car brakes, load bearing equipment or structures and fluid-tight containers. As long as they follow manufacturer standards of checking for their suitability at stipulated intervals, but that is just allowing the manufacturer to fulfil their responsibility with technicians certified to their standard. How many do you know check their own brakes system for any potential ruptures before they travel?
 

Treblaine

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Spot1990 said:
Treblaine said:
Yes there is. It's called a fence.

Put it along lines where people are likely to cross up till the point where there is a bridge/tunnel or designated crossing point. If a level crossing, have it blare a siren warning of an oncoming train or a CCTV monitoring, there is no reason to keep living in the 19th centry. Fences are cheap. Sirens are cheap. A human life is priceless.
If a human life is priceless maybe people should learn to take better care of themselves. I'll give a life as much value as the person living it does. Chucking something in front of a train is not how you treat something priceless.

You would appreciate this if you had to work in a dangerous environment like a third-world oil refinery. Its easy to be callous about peoples lives around dangerous machinery when it's not people you know who have been horribly killed, thankfully not my experience but my Dad was an oil worker during the Piper Alpha disaster and he had many of his friends and co-workmates killed in that "accident". Well accidents don't just happen, you can't just says "derp, shouldn't have done that!" HOW ARE YOU GOING TO PREVENT THAT HAPPENING! How could this have been prevented.
That's completely different. Those people are working with dangerous machinery and have to be around it, there needs to be safety regulations. This guy jumped in front of a dangerous machine for no good reason. It was a voluntary act. "Don't hurl yourself into the path of a heavy duty 70m/h battering ram" enters firmly into the realm of personal responsibility because it's common sense.

After that may dad retrained as a safety officer and he's drilled into me what it means to be responsible for peoples lives.
All well and good, but people need to be responsible for their own lives too. Can't protect them from everything, and if they're the kind of person who needs to be protected from stepping in front of an oncoming train then eventually something's going to get them. Probably their morning bath toast.

A sign is not enough. We are bombarded with signs all day, if everyone stopped to read each one and consider it no one would get anywhere and the public generally don't. You can't just say "well most people are stupid" as that says most people deserves to die for an innocent oversight! You cannot use a sign to waiver all responsibility, you cannot expect it to prevent such pointless loss of life as this.
A sign is more than enough. The tracks and barrelling doom machine should be enough. The obvious danger of crossing train tracks should be enough. Train tracks, incoming train barrelling down. How is that an "innocent oversight"?

A classic example of how people get killed on rails is with a pair of tracks they actually see a train passing on their right side (the track near them) and wait for it to pass but just as the last carriage passes and they step out they see another train coming from the left on the other track! The train's size and noise masked the other one coming till it was less that a second from impact they have no time to react and are pulverised.

How can this be prevented? When one train driver sees someone (a hiker maybe) waiting to pass and notice another train pass on the other side then they honk their horn to warn them and follow pre arranged instructions to reduce the danger of them immediately stepping out afterwards.
Or the person can use common sense, wait five seconds and see if the coast is clear, kinda like they do when large trucks pass by on the road.

Every time there is loss of life in a company or authority then those RESPONSIBLE should ask "how can we prevent this ever happening again".
The guy responsible is a bit too dead to ask that.

This happens after every airplane crash. Once they find the cause of the disaster then all planes with a similar fault are legally obliged to fix the problem As Soon As Possible (literally) or they will be grounded until they do.
A fault with a plane is hugely different from someone chucking themselves in front of a train. One is a problem with the machine, the other is a person choosing to chuck themselves in front of a train.

You may be some sort of intellectual elitist who think it's OK for the stupid masses to be killed, well consider just how sociopathic that is and how bloody disastrous it would be if people responsible for dangerous equipment held your views.
Nope, just not my view that people need to have their hand held for every little thing. If you can't figure out that trains are dangerous then obviously you don't deserve to die tragically, but it's unlikely you'll experience retirement. A bit of personal responsibility and common sense goes a long way.

Trains stop at designated areas, travel at a fairly consistent speed, don't leave a predetermined track. There is literally no excuse for getting hit by one and no way to pass the blame.
Ah, so your respect for human life is entirely conditional on your own intellectual standards.

That's evil.

People who walk across over a level crossing are working with dangerous machinery. It is no different if you work on an oil rig or live in a town with a railway going through the middle

This guy jumped in front of a dangerous machine for no good reason.
What? Who says he jumped?

Look I've read the inquest of how people die on level crossings, it happens when they cross them every day for years, the eyes only look forwards and trains approach at such high speed and are not that noisy, by the time you hear it coming it is too close and too fast for them to get out of the way. They listen, they look right, look left, step out and round the bend *RRRRRRRRAAAAAAA!!* and splat.

I've seen it myself, I walked out onto the station platform and happened to be looking down the track and heard nothing as I turned right only then did I hear the high speed train AS IT PASSED ME! I was no more than 8 feet from the train and I didn't notice it till it was practically staring it down. You'll understand how a high speed train can "sneak up on people".

It is entirely plausible that he had no idea he was stepping out in front of a high speed train, till it was too late.

Or the person can use common sense
Do not mistake "the ideal thing to do" with "common sense". Common sense is the sense that the common man possesses and it is quite clear that does NOT extend to waiting an extra 5 seconds than all their senses deem necessary. For an average person, they see train, hear train, but assume that the only train is the one that safely passed. You cannot expect "common sense" to include quick abstract thinking.

Deaths involving dangerous equipment are the responsibility of the operators of that equipment.

Stop being bloody minded of refusing to accept responsibility, I'd like you to meet my father, he'll give you a good dressing down and maybe you'll realise why you are not and never should be responsible for a company that runs and operates dangerous equipment.

"Can't protect people from everything" is NO EXCUSE to refuse to protect people from your own dangerous machinery. The train company could do the bare minimum of a deterrent and a sign is not a deterrent for how much signs are abused. How often have you seen a "CAUTION! WET FLOOR!" sign on a bone dry floor? Signs get ignored over the years, the foreseeable danger is someone who regularly cuts across the same track and could over the years never come across a train as they are crossing to the point where odds are they don't have to stop, look and listen either way.

It is VERY EASY to get killed by a train on tracks for how suddenly they approach. Do. Not. Be. Bloody. Minded. Acting under the delusion that the ONLY way you could get knocked down by a train is deliberately leaping in front of one. It is a shameful insult to those who have tragically lost their lives taking what they thought was due attention but was not enough.

People DO need their hand held. They do NOT understand nor appreciate the dangers. They think
"I can cross a road, I can cross a train track"
not the same.
People ARE responsible and DO use common sense, the problem is there are reasonable limits to common sense. Most people don't realise how quickly a high-speed train can close on them until it is too late. They don't realise how they can be literally petrified by the shock of seeing a train they didn't expect speeding towards them at such unfathomable velocity, they can't even consider how they can be terrified like a deer in headlights.

People DO need hand holding. Unless you really can train the entire public on how to cross a train tracks safely, then companies have a responsibility to fence around tracks in habited areas.
 

Darkmantle

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longboardfan said:
First off, you're reading the story 5th hand. Here's a more complete article reported on by an actual newspaper. http://www.chicagotribune.com/news/local/ct-met-train-fatality-suit-20111229,0,1641941.story

1) The woman was 58 at the time, just in time for osteoporosis to settle in. You're also missing this part: "A large portion of his body was thrown about 100 feet on to the southbound platform, where it struck Gayane Zokhrabov" A large portion, like the trunk of the body, weighs quite a bit and at the force it must have hit did shatter bones.

2) After the appeals process this was quoted: "it ultimately was a straightforward negligence case, no different than if a train passenger had been injured after the engineer hit the brakes."

3) I don't know if you've been to an ER room in a hospital recently for a serious injury, but its rather expensive. Think thousands if not tens of thousands of dollars, made up of multiple bills from many companies and individuals including the ambulance company. The processing and appeals and consolidation of the bills and getting insurance approval for each and every one of them takes months if not years. So yeah, I'd sue too.

4) She didn't sue a dead person, she sued the estate (which amounts to the parents or legal guardians).
3) gotta love that socialized Canadian healthcare :D , wouldn't trade it for anything!
 

saruman31

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If i were the dead kid`s parents i would have personally went to the hospital and gave the woman a reason to sue me for.
 

BlazeRaider

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saruman31 said:
If i were the dead kid`s parents i would have personally went to the hospital and gave the woman a reason to sue me for.
If I were a US marine, I'd piss on the kid's dead body.

*runs*
 

TheDooD

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BlazeRaider said:
saruman31 said:
If i were the dead kid`s parents i would have personally went to the hospital and gave the woman a reason to sue me for.
If I were a US marine, I'd piss on the kid's dead body.

*runs*
dood, why... that was an opening for said joke but why damn lol
 

NightmareWarden

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Don't worry guys, I've got an idea of how we can end this court case! The judge claimed that the boy's death was "reasonably foreseeable". Thus, it was her fault for not dodging!
 

Jenitals

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senordesol said:
Spot1990 said:
Trains stop at designated areas, travel at a fairly consistent speed, don't leave a predetermined track. There is literally no excuse for getting hit by one and no way to pass the blame.
^THIS^

I ride a train to work every day.

I cannot fathom unless you are blind and deaf (or a drooling, dangerous idiot), how you could possibly end up on the wrong end of one if you are capable of the complex higher reasoning involved in -say- NOT sticking a penny in a power socket.
And if you're pushed?

OT: Some things you do not sue for. Shit happens, deal with it. I broke my foot in school once because someone at the back of the queue was pushed and I received the full brunt of thirty people being knocked forwards. I didn't sue because there was no intention to harm, even if the kid was being reckless, as far as he knew, the only person who was going to get hurt was himself, so he took the risk.

Six weeks of my education inhibited during my first GCSE year because of an accident which was, as far as I was concerened, nobody's fault. This shouldn't be a matter of naming and shaming but one of good will and common sense.
 

ntw3001

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Treblaine said:
It is entirely plausible that he had no idea he was stepping out in front of a high speed train, till it was too late.
It apppears that he thought the express train was actually the train he had needed to catch (which, as it turned out, was late with no announcement given). So yeah, he knew it was coming. He probably thought it was stopping, though. Did anyone read the article, or did we all just jump right in and start arguing? A lot of people here seem to be assuming he didn't even notice the train. Admittedly that particular detail is part of the guy's family's lawsuit against the rail company, but it's perfectly feasible (more so, to my mind, than the idea of someone failing to spot a train travelling at 70mph while crossing tracks, but as far as I can gather from this thread, US high-speed trains don't offer the trademark rattling and clanking of UK trains, but instead glide silently like track-bound wraiths).