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- Path: sparky!uunet!spool.mu.edu!uwm.edu!psuvax1!psuvm!css3
- Organization: Penn State University
- Date: Wed, 23 Dec 1992 15:11:09 EST
- From: <CSS3@psuvm.psu.edu>
- Message-ID: <92358.151109CSS3@psuvm.psu.edu>
- Newsgroups: rec.railroad
- Subject: Re: Deaths on Railroad Property: common sense or am I an Idiot?
- References: <1992Dec23.162343.29221@stsci.edu> <Bzq4B6.JHA@chinet.chi.il.us>
- Lines: 56
-
- I write to second many of the thoughts recently expressed in the posts by
- David Soderblom and Garth Groff in regards to the recent thread concerning
- the lawsuit filed after two boys were killed while trespassing on a railroad
- bridge in Virginia. Many of the thoughts expressed in those posts were ones
- I had while reading some of the responses to the thread.
-
- I would not go so far, thought, as to suggest that all of those who said
- they hoped the mother would lose her lawsuit are necessarily calloused or
- believe that people who trespass on bridges "deserve what they get" if they
- are killed. What I thought I read was the thought that people who do what
- many of us consider stupid things when near or on railroad property should
- be told so, but they do not necessarily deserve to die or be crippled for
- life. Unfortunately, railroads operate some heavy machinery that can be very
- unforgiving when an accident occurs.
- I also thought that many of those who wrote were expressing, although
- not directly, a legitimate question of what responsibility does a RR have to
- pay for the suffering and injuries of those injured on its property in cases
- where the RR seemingly did nothing to cause the accident other than merely
- being in the RR business. There no doubt are some who believe a RR owes
- nothing to a member of the public who is injured due to that person's
- seemingly (by laymen's terms) stupidity, i.e. crawling underneath a stopped
- train, driving around lowered crossing gates, walking across a bridge, etc.
- From my own point of view, I am not prepared to go quite that far.
- Railroading is a business that can be harmful to the public and I am not
- prepared to make a blanket assertion that railroads -- or any business for
- that matter -- should be absolved of all responsibility, blame and financial
- liability when an accident occurs that does not appear to be the railroad's
- faulty. The liability of railroads is a complex issue that cannot be
- adequately addressed in a post. It's an interesting debate and I'm sure there
- are many faithful readers of the net who hold strong views on the matter.
- No doubt some railroads have been forced to pay money in frivilous
- lawsuits. But what is a frivilous lawsuit? Without knowing all of the facts, I
- am not prepared to say the lawsuit filed by the Virginia woman is frivilous.
- I agree with Dave that perhaps we should withhold moral judgment until we know
- all of the facts of an accident. And I also don't doubt that railroading, while
- it will always be a dangerous occupation if safety precautions are not taken,
- has become a safer endeavor to both its employees and the public because
- some people have challenged railroad practices in court. Sure, railroads are
- safety minded. But I also don't doubt they are more safety minded than they
- might be otherwise because they always have the threat of lawsuits hanging
- over their heads and/or have lost a few suits in the past.
- Keep in mind the business of railroads is making money. Period. And one
- way they do that is to minimize expenses, including expenses for safety. No
- doubt railroads have special problems in that they own thousands of miles of
- exposed property. No railroad could afford to hire guards 24 hours a day to
- keep every child off every bridge or every foot of track.
- Again, the issue is more complex than this. I suspect many people who
- posted here want to see a way to force people to take at least some measure
- of responsibility for their own safety and/or actions. I can understand that.
- But I can also understand why some of these people are led to sue railroads
- for injuries and at times I wanted to see a little more understanding of
- that. I'd like to believe it is not so much that people who posted here
- are callous and uncaring, but more of a case of wanting to see more people
- take responsibility for their own actions.
-
- craig sanders
-