trespassing injuries by rail fans

[gabe]

I recognize the impossibility and problems of allowing rail fans to trespass and am not suggesting that they be allowed to do so. However, my allusion goes to a fear much more basic: that railraods see railfans as liabilities.

My sylogism looks something like this:

(1) People who trespass and are injured file law suits. Even if these lawsuits are not successful--to say nothing of when they are successful--, it nonetheless costs railroads considerable money to defend them.

(2) Railfans have incentive to trespass.

(3) Less rail fans = less trespassers = less lawsuits = greater profits.

I don't know how much this thinking affects railroads, but I get the feeling terrorism is not the only reason railroads chase away fans. I realize that when people see rail fans being allowed to trespass, the protection provided by the railroad's no-trespassing sign becomes moot; I am not suggesting that railroads invite rail fans onto their property.

I am, however, wondering if railroads see and actualize a benefit from discouraging railfans well beyond the range of the no-trespassing sign. I have read in Trains and have heard many stories of rail fans being asked to go away while being performing perfectly legal activities on public property--my favorite was a farmer friend of my father's watching trains on his own property and being asked to leave, that didn't go over well. I know terorism is one of the realities of the modern world that causes this phenomenon, but I also think tort liability is another and, perhaps, the more significant.

Gabe

[tree68]

[2c] While I would hope that railfans are generally a safe lot, fairly knowledgeable about the dangers that surround railroads, it isn't hard to picture an otherwise sane foamer (is that an oxymoron?) doing something less than appropriate to get that "special" picture or a better view, or whatever.

That said, I agree with Mark. We've discussed the trespass issue numerous times, and the bottom line is that someone on RR property without permission is trespassing, and if they get killed, it's a trespasser fatality. One step outside a public ROW (ie, a crossing, station, etc) onto RR property would constitute trespassing, and I daresay most railfans have been guilty of same.

It does make sense, though, that careful review of the cases would probably allow most observers to determine a general breakdown of railfan vs non-railfan. I'd also hazard a guess that the percentages would be pretty lopsided on the side of the non-railfan.

[gabe]

I really wish I had the time to locate the exact post that I am premising my question with; but, does anyone remember a post stating something to the effect that general rail injuries/accidents are diminishing but injuries involving trespassers are up? I seem to remember the post being from a credible source.

I find this to be very curious. I wonder what the ratio between rail fans/kids - general trespassers is?

I have a hard time imagining rail fans getting hurt. I raise this point because it appears to me that various railroads are looking at this statistic and are more actively pushing railfans away from their property, even to the point of chasing people away who aren't even trespassing--I assume in an effort to minimize lawsuits. I get the feeling that railfans are not the sourse of these injuries and are being victimized by the foolishness of those with other motives.

I remember when I was younger (less than 14 years ago) and my Dad and I would walk on the railroad tracks and get the friendliest waves from engineers. Once, they even gave us a ride and let me drive the train to the end of the siding. Now that times have changed, I obey trespassing signs but long for the days when I could take such walks, etc.

Does anyone have any thoughts?

Gabe