ZAPPED AMTRAK TRESPASSER SUES
http://www.nypost.com/seven/08312008/news/regionalnews/zapped_amtrak_trespasser_sues_126902.htm
http://www.nypost.com/seven/08312008/news/regionalnews/zapped_amtrak_trespasser_sues_126902.htm
It's Shocking!
- Thread starter Drucifer
- Start date
knifeswitch1
Jointed Rail
That is just ridiculous, it seems that is exactly what this world is becoming. If it's your fault, find an excuse and sue the place where it happened.
We had one in Arizona where a man sued over unsafe working conditions at the school when he broke both legs falling from the skylight of the gymnasium. Which he was breaking into.
On a brighter note, the judge in another case dismissed a lawsuit a burglar brought against the man he tried to rob. The judge said being shot was a recognized occupational hazard and not actionable.
Claude
On a brighter note, the judge in another case dismissed a lawsuit a burglar brought against the man he tried to rob. The judge said being shot was a recognized occupational hazard and not actionable.
ClaudeThat guy should be greatful to be alive. Not many who get zapped by 27,500 volts or receive 3rd degree burns on 85% of their body live to tell about it. Burn victims as described usually die from complications and infection. I really think this is sad. I have done my fair share of stupid life threating things while drinking (cars wrecks several) fortunately I live to tell about it. I bet this guy doesn't live long enough for the lawsuit to get to court.
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I get the feeling from the news story, that it's the family bringing the lawsuit. I can't imagine that the party himself is in any condition to start a lawsuit.
Yea .... well mmmmmm ...... there are many silly things that happen and us Aussies often say it "only in America".
Though on this story I am sure I remember something similar in Australia.
I do actually remember one when a guy was breaking into a pub, the owner lived on the premisses and heard the noise and went to investigate. When he saw the man he used "force" to stop him (from memory with a bat) and thus injurying the many who need hospital attention.
The burgler then sued the owner for using "excessive" force and WON :n:
To make matters worse, the burglers mother sued the owner of the pub for the stress she went through with her son's injuries .... and you guessed it she WON.
While the amounts where not large, its just the stupid laws and how they are applied.
Craig
Though on this story I am sure I remember something similar in Australia.
I do actually remember one when a guy was breaking into a pub, the owner lived on the premisses and heard the noise and went to investigate. When he saw the man he used "force" to stop him (from memory with a bat) and thus injurying the many who need hospital attention.
The burgler then sued the owner for using "excessive" force and WON :n:
To make matters worse, the burglers mother sued the owner of the pub for the stress she went through with her son's injuries .... and you guessed it she WON.
While the amounts where not large, its just the stupid laws and how they are applied.
Craig
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...so...who wins...?
Here in the US-America, the bar owner would have not stepped outside...or if they were inside, not thrown their bums outside.
Amtrak may win or loose, however they can counter sue, if they loose. They could also sue the owners of the bar, and bartenders...they are legally responsible.
Take no prisoners!
Here in the US-America, the bar owner would have not stepped outside...or if they were inside, not thrown their bums outside.Amtrak may win or loose, however they can counter sue, if they loose. They could also sue the owners of the bar, and bartenders...they are legally responsible.
Take no prisoners!
I agree with the non-use of excessive force, and the bat may have been seen as excessive. Just call the police and ensure you are safe and not harmed.
Amtrak may win or loose, however they can counter sue, if they loose. They could also sue the owners of the bar, and bartenders...they are legally responsible.
Take no prisoners!
It's the mans mother that really got me though, what about a father, brother, sister as well if he had an average family structure, could they sue as well???
Craig
Red_Rattler
Since 09 May 2003
Only in America and now Australia.
Although un-related to the above, two families (in two separate cases) are suing Connex in a similar situation. But this one happened 10 years ago, and only know attempt to sue.
See Train skylarkers seek compo after losing legs.
I'm not speculating, but interesting how in all three cases, that the so called said "victims" only now start sueing.
I don't like how Connex Melbourne attempts to treat enthusiasts, but Connex, Amtrak (or any company, be it transport related or not) shouldn't have to comment to media, in situations such as these.
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Reminds me of the one that happened to my next door neighbours kid ( About my age ) In about year 5 i think this kid ( who is the big tough-y kid) was gonig around hiting everyone with a blow-up hammer right, so the teacher said every kid who he hit gets a free shot... This kid goes home tells his mom and the mum sues the teacher for damages !!!
I agree with the non-use of excessive force, and the bat may have been seen as excessive. Just call the police and ensure you are safe and not harmed.
It's the mans mother that really got me though, what about a father, brother, sister as well if he had an average family structure, could they sue as well???
Craig
It's difficult to determine what is excessive force in the 'heat of the battle'. Unless the incident is witnessed firsthand, then who's to say what really happened?
I'll guarantee that anyone breaking in on me is not in for a pleasant time.
jadebullet
might be back?
Wow maybe my stupid stepfather should have sued the power company when he decided to climb up a power pole and manage to electrocute himself when he was thirty. (His excuse was that he liked to climb things.)
he survived btw. He became sterile and his leg is really shrived.
he survived btw. He became sterile and his leg is really shrived.
Red_Rattler
Since 09 May 2003
I have to agree with that.
NOTE: Especially for the younger members, since these incidents are before courts, it is best not to speculate.
good point. but what more can they do? In the coffee case McDs added a sign to their coffee and started serving it colder. Amtrak already has signs up and it's a little hard to run overhead electric trains with out the electric.
peter