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[quote user="greyhounds"]  Will our legal system punish the CN and reward foolish behavior on the part of humans that seemed to care less about their own personal safety than the two deer in my backyard?  Probably.[/quote]Here is an interesting discussion of the legal theory involved in that electrical burn injury to trespassers case against Amtrak. The case was presented to the jury on two theories: (1) the duty of a landowner to a trespasser; and (2) whether the attractive nuisance doctrine applied. <a href="http://electrocutionaccidentlaw.com/2008/07/05/2008-cases-pennsylvania-railroad-premises-liability/">http://electrocutionaccidentlaw.com/2008/07/05/2008-cases-pennsylvania-railroad-premises-liability/</a>From the link:"The boys were trespassers on land owned by Amtrak, since no one had given them permission to go onto the track or climb up on the rail car to look around. The duty generally owed by a landowner to a trespasser is to refrain from willful or wanton misconduct."The article goes on to explain how wanton misconduct on the part of Amtrak was established.It is interesting that the law speaks of a duty owed by a landowner to a trespasser that might apply to an incident where a trespasser is injured while trespassing. Yet there does not seem to be any room for this concept in the widespread, popular conclusion that whatever happens to a trespasser is their own fault because it would not have happened had they not trespassed.
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