gardendancesomebody on the sidewalk next to the pool gets knocked over, hits their head on the sidewalk's concrete. I think that's closer to my hypothetical about what if CSX's derailment coal had killed someone on the public road beneath the bridge.
About two years ago, there was a real case in the north shore Chicago suburbs where a UP train derailed due to heat-kinked track at a overpass, spilling coal onto a car below and killing the elderly occupants. The lawsuit is still in process.
http://glenview.suntimes.com/2014/07/03/travel-restored-on-shermer-road-scene-of-fatal-train-derailment/
C&NW, CA&E, MILW, CGW and IC fan
Not to split hairs, but I believe the Chicago derailment caused the bridge (and train) to collapse onto the road and car below, and then the coal piled up around and over the wreckage of the bridge and car. As I recall, the car was covered up so much that no one had any clue it was there until the clean-up efforts got that far and uncovered it a day or two later.
The legally relevant facts are different enough in these 2 cases that there may well be different results - UP has substantial exposure to damages, whereas CSX does not. If these cases go far enough in the legal system to be the subject of a judge's written opinion, they could well have pedagogical value in law school classes and textbooks - even moot court arguments - as a 'compare and contrast' exercise.
In brief, in most states the property owner owes no duty to guard against (take steps to protect) an unknown and unforeseen adult trespasser - and hence is not liable - other than to not intentionally construct or recklessly leave a trap (pit, etc.) for the unwary trespasser.
- Paul North.
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