QUESTION

Does the woman have a cause of action against the LIRR? Should she be able to recover for her injuries?

Asked on Aug 09th, 2013 on Personal Injury - Indiana
More details to this question:
A woman purchased a ticket to travel to Rockaway Beach on the Long Island Railroad (LIRR). She was standing on the platform on the LIRR's East New York station near an old, cast iron scale when two men ran to catch another train. One of the men made it onto the train, but the other man, who was carrying a package, was unsteady as the train was about to pull out of the station. The LIRR conductor pulled him up, while the LIRR platform guard pushed him in the train, but in the process, the passenger dropped the package. It contained fireworks and exploded! The concussion from the explosion caused the scale located next to her to fall over, striking and injuring her. She sued the LIRR for the negligence of the two LIRR employees who had assisted the passenger with the package on board the train. Was the chain of events leading up to her misfortune "foreseeable" on the part of the LIRR?
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5 ANSWERS

Ronald A. Steinberg
No chance in hell. that is known as "lack of forseeability." That is a law school case. You can't fool an old lawyer.
Answered on Oct 14th, 2013 at 3:23 AM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Probably not but that is a jury question always.
Answered on Aug 13th, 2013 at 7:54 PM

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Thomas Edward Gates
This is an old old law school problem. Attend class and you will learn the answer.
Answered on Aug 13th, 2013 at 7:49 PM

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Long Term Disability Attorney serving Pensacola, FL at Ortiz Law Firm
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First, this would be more appropriate in New York. Second, this issue was addressed in 1928 in the seminal case written by Judge Cardozo Palsgraf v. Long Island Railroad Company ( http://www.courts.state.ny.us/reporter/archives/palsgraf_lirr.htm).
Answered on Aug 13th, 2013 at 7:32 PM

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Medical Malpractice Attorney serving Highland, IN
Partner at Padove Law
4 Awards
File a claim with Mr. Palsgraf, the Risk Manager for the LIRR.
Answered on Aug 13th, 2013 at 8:53 AM

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