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South Florida Woman Suing FEC For Her Stupidity
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[quote user="greyhounds"][quote user="Bucyrus"][quote user="greyhounds"] <p> </p><p>Specifically:</p><p>1) An adult is responsible for their own safety. If they run across a road or railroad without looking and after disableing their own hearing it's their own fault. Period.</p><p> </p><p>[/quote]</p><p>It is not that simple. It may seem that simple to those who are familiar with trains, who know that trains always have the right of way, and know that railroads own their private right of way. But the trains are a hazard to the public, and claiming that the hazard is on private property does not completely offset the railroad's responsibility to protect the public from the hazard.</p><p>[/quote]</p><p>Tis' not what I said.</p><p>I said if an adult crosses a road (public) or a railroad (usually private) without: 1) looking, and/or 2) after disableing their own hearing they are at fault. I did not say that the railroad had no responsibility to make it tracks and trains visible or to honk when adviseable.</p><p>[/quote]</p><p>Sorry if I did not make this clear. When I said that it is not that simple, I was referring to your statement as follows: </p><p> </p><p><font size="4">"1) An adult is responsible for their own safety. If they run across a road or railroad without looking and after disableing their own hearing it's their own fault. Period."</font></p><p> </p><p>When I mentioned that railroads have some responsibility to protect the public from their hazards, and that responsibility is not completely offset by the fact that railroads are private property, I was referring to a larger general principle that might include the act of someone inadvertently stepping into the path of a train as you cite in your example of an adult's responsibility.</p><p>As to your example specifically, what if the person had no sense of hearing? Or was blind? Or both? Or what if they were not aware of the full implications of the hazards of the existence of the railroad beyond just a raised area with some rails? What if they were not aware of the danger of passing trains? What if their vision was obscured by standing freight cars? </p><p>Or what if this pedestrian strike were not just at any one of an infinite number of random locations along the railroad, but rather, at a specific point where pedestrians routinely and frequently crossed the track to get to a public jogging path, and frequently began their jogging routine prior to crossing the track?</p><p>What if the railroad company had become aware of this crossing point used by joggers, and had noticed that they frequently are listening to I-pods, and appear to cross the tracks oblivious to the danger, while apparently engrossed in their typically mind numbing jogging routine? </p>
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