News

Amputated leg results in personal injury award of $3,594,943.

Posted on Feb 19, 2009

In the report of this case it’s pointed out the operator or engineer running a subway train has a duty to slow and stop when something is on the tracks. If the engineer sees the object but fails to stop, the subway operator/owner can be liable; even if the object is an intoxicated man sleeping it off.

"A subway train operator is obligated to stop a subway train before it strikes a large object on the tracks, even if it is not known that the object is actually an intoxicated person. The jury held the Transit Authority liable for not stopping the train when the operator had sufficient time to do so," said Andrew J. Smiley, Esq.

In Iowa we don’t have subway trains; so personal injury or death claims may be have a different verdict or result.

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