QUOTE: Originally posted by igoldberg The judge should make the family pay the railroad for the following costs after blasting the family for bringing a frivelous law suit. Court costs Attorney fees Deposition costs Pay for all employees while dealing with the suit, All travel expences Making the family pay thousands of dollars will discourage this kind of law suit.
QUOTE: Originally posted by sigma693 If someone were drinking and wandering on a highway would the jury think all the drivers that hit them were at fault? I think the RR's should counter-sue for malicious prosecution...
QUOTE: Originally posted by chinatown782411 Anytime you here of an accident of this nature where a train is involved it is always the same... "It was the railroad's fault" [:(!]
QUOTE: Originally posted by TheAntiGates QUOTE: Originally posted by DrummingTrainfan I think that if a person is TRESSPASSING on RR property they should be held responsible if they're hit, whether the horn is sounded or not. [sigh] It would be like if someone tresspasses into a mine-field that has plenty of signs and then suing the military because no horns or buzzers went off when they were about to step on that land mine... FWIW, I couldn't agree with you more. Seems pretty cut and dried to me, we aren't supposed to be there (on the tracks) but when we go there anyway, we (should) adopt the ultimate responsibility for our own well being. After all, it is our decision to be there, just as it should be our decision to leave. The fact that some people seem to think they have the right to go there, and make it someone else's fault for anything that goes wrong, just seems absurd to me. But, absurd is the way of the world, more often than not. SO often in these cases, the fact of any actual wrong doing is immaterial. All that matters is the attorney's ability to convince 12 morons that someone has suffered. I've got some friends that still believe that "reality TV" is not scripted. So what can you expect?
QUOTE: Originally posted by DrummingTrainfan I think that if a person is TRESSPASSING on RR property they should be held responsible if they're hit, whether the horn is sounded or not. [sigh] It would be like if someone tresspasses into a mine-field that has plenty of signs and then suing the military because no horns or buzzers went off when they were about to step on that land mine...
QUOTE: Originally posted by exPalaceDog QUOTE: Originally posted by Hugh Jampton Don't balme the family,, they were more than likely talked into it by some smooth talking lawyer. The lawyer may be "smooth talking" but he is NOT dumb. If the case goes to court, it will cost the railroad say $25,000 to pay their lawyers to prepare their defense. Hence, it is cheaper to pay say $10,000 to the lawyer to go away. After the lawyer deducts his fee plus expenses, don't look for the family to see much cash. Have fun
QUOTE: Originally posted by Hugh Jampton Don't balme the family,, they were more than likely talked into it by some smooth talking lawyer.
QUOTE: Originally posted by zardoz Anti- the bad part about it is not only are these dolts sueing the big, mean railroad, they are also naming the train crew, who most likely do not have such deep pockets.
QUOTE: Originally posted by idhull No matter what you do you cannot protect people from their own stupidity. We seem to live in an age where we do not have to accept any risk for our own actions. It is always someone else's fault.
QUOTE: Originally posted by idhull No matter what you do you cannot protect people from their own stupidity. We seem to live in an age where we do not have to accept any risk for our own actions. It is always someone else's fault. This is particularily true in the litigious world of the US legal system compared to other countries in the world. I say to the family, get a life.
QUOTE: Originally posted by JOdom The judge should be able to order the family members and the lawyer who filed the suit to be flogged until they get some sense.
She who has no signature! cinscocom-tmw
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