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South Florida Woman Suing FEC For Her Stupidity

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Despite the carelessness, negligence, distraction of the I-pod, and trespass, it appears that the lawyers will make a case that the railroad is partly responsible because they provided a hazardous condition, and did not barricade or protect it in a way that would prevent the public from being injured by it.  I am not a legal expert, but I doubt that the fact that the railroad is private property would fully exonerate the railroad from the charge of failing to protect the public from a hazard.  A hazard on private property unbeknownst to the owner may nevertheless be a liability to the owner if the public is likely to be injured by it.  I suspect the hazard may be a greater liability to the owner if he or she does know about it.     This crossing point, although illegal, was apparently routinely used, thus raising the point that railroad was probably aware of that public usage, and thus was aware of the hazard to the public.  While they did have the ROW posted, they apparently did not post signage to warn pedestrian traffic approaching this crossing point from both directions.  I have no idea which side will prevail, but I doubt that the case will be thrown out because it has no grounds.  <a href="http://www.freerepublic.com/focus/f-news/2035578/posts">http://www.freerepublic.com/focus/f-news/2035578/posts</a>Quote from the above link:And so, with the help of Fort Lauderdale attorneys Stephen L. Malove and Scott L. Henratty, she has filed a negligence lawsuit against FEC, the train's engineer and its brakeman. The eight-count complaint states that the company should have known that pedestrians routinely cross the tracks at that location but did not post ''No Trespassing'' signs on the west side of the tracks.
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