Gfaze

^^Well that would be parenting fail. Your parents probably lectured you pretty well about avoiding trains, cars, etc. It's not the kid's fault the parents didn't teach him about the dangers of moving machinery.

subinf

If you can install a life's worth of common sense into a 6 year old I'd love to meet the parents. Having coached youth soccer for a number of years (U-8/U-9) I can attest that no kids have that much sense, regardless of how good a parent you think you are. Kids will be kids.

That aside, still doesn't mean the lawsuit is frivolous

Gfaze

Maybe not a life's worth but if you live near train tracks, common sense would be to educate your child about staying away from them. It's not any different then telling them about watching out for cars.

As for the lawsuit, I just don't see how the R.R. company is liable for someone who wandered on the tracks on their own. If this were a full grown adult, would this same lawsuit make sense?

subinf

No. Different standards for kids and adults. Look at attractive nuisance. There is a duty to reasonably protect artificial conditions when it is known young children might trespass. Law varies by state but the basic principles are the same.

CocheseUGA

Not directed at you, but...

If you don't want your child wandering off of your property and playing with trains, then you need to build a barrier on your property.

If I were to move into a house, or live in a house next to train tracks, I wouldn't sit there and hope that the kid doesn't go wandering off along the track.

Even at three years old, my kids know better than that.

subinf

Ok, replace train tracks with pool.

CocheseUGA

I already built the fence. It serves the same purpose.

subinf

Well then, good for you. You won't have to worry about that unless your kids manage to wander out.

CocheseUGA

If I'm smart enough to have the foresight to build the barriers necessary to keep them in place, I'm also going to have the foresight to not make it very easy for them to get out. Latches on the outside, etc.

If they can engineer a way out of the backyard, then they'll probably take along some gum, a paper clip and my copy of Art of War to construct a yacht for the pool.

subinf

Well I'm glad to know your neighbors and local businesses never have to worry about any type of lawsuit from you regarding any injury or untimely death of your child.

CocheseUGA

You're being way too literal.

Do you have kids?

PortlandRL

Okay, it seems I chose a bad example and completely hijacked this thread.

Frivolous lawsuit = Woman suing McDonalds for burning herself with hot coffee because she took the lid off, put it between her legs and went flying over a speed bump. That work?