Amtrak sued by trespasser?

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Zapped Amtrak Trespasser Sues

How does this guy get to sue? Shouldn't Amtrak sue him for trespassing? And for any damage he may have caused to the trains?

 

[BillyJo]

Did you laugh while reading about this? So did I.

I'm sure the judge will too, as soon as the motion to dismiss crosses his/her desk.

 

[AlanB]

Sadly I wouldn't be too fast to laugh. Remember the kids in PA who climbed over a fence, ignored the no trespassing signs, climbed on top of a car, and got electrocuted. They still won a bundle, because there was no sign telling them that electricity is dangerous.

 

[Acela150]

This guy could be put in jail for trespassing. He doesn't relize how lucky he is to:

A) Be alive

B) Not be in prison

C) Their isn't a train that leaves BOS until 5:15AM

 

[BobWeaver]

Sadly I wouldn't be too fast to laugh. Remember the kids in PA who climbed over a fence, ignored the no trespassing signs, climbed on top of a car, and got electrocuted. They still won a bundle, because there was no sign telling them that electricity is dangerous.

<Bangs head against wall> How pathetic of a ruling is that. I mean what else could overhead wires be doing other than providing electricity?

 

[AlanB]

Sadly I wouldn't be too fast to laugh. Remember the kids in PA who climbed over a fence, ignored the no trespassing signs, climbed on top of a car, and got electrocuted. They still won a bundle, because there was no sign telling them that electricity is dangerous.

<Bangs head against wall> How pathetic of a ruling is that. I mean what else could overhead wires be doing other than providing electricity?

While I'm certainly not suggesting that it was right, it was there contention that there were no signs warning them that electricity could jump from the wire into them. They thought that as long as they didn't touch the wire, it would be ok.

[sarcasm on] Apparently they had never seen lightning before in their lives. [/sarcasm off]

So now Amtrak has put up signs showing a person being electrocuted when standing on top of a train and wasted precious dollars to do that.

 

[battalion51]

And we wonder where resources to maintain the fleet and pay hard working crews go?

 

[Green Maned Lion]

Sad he survived.

 

[Tony]

Sadly I wouldn't be too fast to laugh. Remember the kids in PA who climbed over a fence, ignored the no trespassing signs, climbed on top of a car, and got electrocuted. They still won a bundle, because there was no sign telling them that electricity is dangerous.

This becomes especially true if in "discovery" his attorneys find a "smoking gun" memo signed by Amtrak's execs. Something like the infamous McDonald's hot coffee case signed memos.

All this attorneys need to find, is a memo, for example, that some "dumb" Amtrak exec signed his name to, that mentions that Amtrak could have made the overhead power lines more safe but it would have cost $0.19 more. Add to that an off handed closing comment in that memo that Amtrak thinks trespassers who climb onto cars deserved to get electrocuted and that Amtrak hopes they die.

Those are the solid platinum memos.

 

[Dutchrailnut]

Anyone can file lawsuits, it gets trickier to get them to be recognized by court.

The kids in PA were under legal age and sober.

Mr Hopkins was 25, drunk and climbed on Acela train with clearly marked High voltage signs stating do not enter roof area.

There is no outside ladders for roof access, so he climbed presumably via jumpers and crash pads between coaches.

As for turning power off, Catenary is always on

As far as storing trains, what better place to store trains than in a station or yard.

Maybe his parents think Amtrak should put them back in box after playing with them all day.

Lets just hope the Judge thinks this Mr. Hopkins is a legal age moron with **** for brains.

 

[nr272]

Pretty ridiculous, but I can't see this going anywhere. You'd think after the incident he and his family would be too embarrassed to ever bring it up again, never mind file a lawsuit.

 

[Chatter163]

Tony, I was wondering why you had not actually registered and joined the forum yet? You have been posting often enough to be a great member...

 

[PRR 60]

As someone who works in the electric power industry, I can tell you that defending actions like this is very difficult. If it can be shown that any signage was missing or did not meet the present standards, a defendant can be held liable. If a train was parked in an unusual spot, or power was left on that is normally cut off, it can add to the problems. In addition the plaintiff's often very tragic physical and mental injuries creates sympathy with jurors. Amtrak will not have an easy time. The issue is not whether the person was right or wrong or trespassed or did not trespassed. It is whether the defendant's negligence contributed to the extreme consequences of the plaintiff's stupid actions. Defense in not impossible, but it is not a cakewalk either.

One need only go to Princeton Junction (NJ) to see the result of a similar lawsuit. The overnight parking location of the NJ Transit shuttle train (the Dinky) is completely enclosed with fencing and has lights and signs. This was the result of NJT losing a lawsuit brought by a Princeton student who was burned after climbing on top a parked shuttle train while under the influence. The jury found that the train represented an "attractive nuisance" and that there was inadequate warning and physical barriers to prevent contact with the 11kV power lines located just a few feet above the roof. Even though the victim had trespassed, the jury found that the extreme injuries he suffered were the result of NJT's negligence and found for the plaintiff. NJT built the little corral for the "Dinky" to protect the public from NJT and to protect NJT from the public.

We've had people climb 100 foot towers and get burned. We've had people scale substation fences to steal copper and get burned. You still get sued. If everything is in order, you have a chance to win. If not, you settle, or go to trial and hope for the best. Like it or not, that is the way it is.

 

[Amtrak OBS Gone Freight]

As someone who works in the electric power industry, I can tell you that defending actions like this is very difficult. If it can be shown that any signage was missing or did not meet the present standards, a defendant can be held liable. If a train was parked in an unusual spot, or power was left on that is normally cut off, it can add to the problems. In addition the plaintiff's often very tragic physical and mental injuries creates sympathy with jurors. Amtrak will not have an easy time. The issue is not whether the person was right or wrong or trespassed or did not trespassed. It is whether the defendant's negligence contributed to the extreme consequences of the plaintiff's stupid actions. Defense in not impossible, but it is not a cakewalk either.

If everything is in order, you have a chance to win. If not, you settle, or go to trial and hope for the best. Like it or not, that is the way it is.

Unfortunately PRR is correct with his statment here. I don't know about the electric power industry, but the only thing I can add which may turn the tables a little is the fact railroads are notorious for waiting out a plantiff who win a judgement rather than settle out of court. The guy may never see "all" of the money awarded to him if he indeed wins his case! Railroads are patient and will wait it out by appealing to the very last minute, and in most cases causing the judgment to be tied up in legal fees! If the guy wins, the railroad may only make a partial payment to begin with, and then may even wait till he dies before making any additional payment if at all! I know of this happening exactly like this, so he'd be better off taking a settlement from Amtrak and never set foot on railroad property again if he knows what's good for him. That doesn't mean this will be the case, but it is the case ninety percent of the time.

OBS gone freight...

 

[Tony]

Tony, I was wondering why you had not actually registered and joined the forum yet? You have been posting often enough to be a great member...

Yea, that has been passing thru my mind lately too.

I didn't, because I thought I would be posting a few comments after having just ridden Amtrak, and then disappear until I ride Amtrak again some day (yearly vacation?).

However, I find I am enjoying the various discussions here, with some really nice people, and that keeps drawing me back.

 

[AKA]

Tony, I was wondering why you had not actually registered and joined the forum yet? You have been posting often enough to be a great member...

Yea, that has been passing thru my mind lately too.

I didn't, because I thought I would be posting a few comments after having just ridden Amtrak, and then disappear until I ride Amtrak again some day (yearly vacation?).

However, I find I am enjoying the various discussions here, with some really nice people, and that keeps drawing me back.

Come on board Tony. This site is made great by good people.

 

[Bigval109]

Did you laugh while reading about this? So did I.
I'm sure the judge will too, as soon as the motion to dismiss crosses his/her desk.

can amtrak sue for damages to it facilities and sue for wasting it's time and also sue for lawyer fees it incured?

 

[Green Maned Lion]

Sure.