vandals parents to sue after death

[sabbat hunter]

a 13yr old who was vandalizing LIRR property was killed late last week while crossing the tracks (where he shouldnt have been in the first place) as he raced home so he wouldnt be late for sabbath dinner. his parents are going to sue the LIRR and the city for his death saying that they didnt take enough measures to make sure people could not get on the tracks.


if i was on that jury, the parents would not get one thin dime. I feel bad that this kid died, but he died because of his own stupidity. He was committing acts of vandalism (and apparently had done so in the past). did the parents know where he was at? who bought the kid the spray paint (you have to be at least 18 to buy spray paint in NYC). maybe this will be a lesson for other would be vandals. when you go into a dangerous place, you take your life into your own hands.

[slackmaster]

1. Without knowing more I tend to agree

The train itself should be enough of an incentive to keep people off of its track.

[LiberalEsto]

2. The railroad will sue them

Railroads and utility companies frequently sue people in cases like this for trespassing, as a deterrent.

[no_hypocrisy]

3. I believe there would be RR's defense that the kid assumed the

risk by lingering on its property to effect vandalism, thereby assuming the risk of danger as opposed to the kid taking a quick short-cut through a hole in the fence. And no, the train signal box which was the target of the graffiti would not necessarily be seen as an attractive nuisance to a "reasonable child".

[Deep13]

4. Was he hit by a train?

Yeah, who could have known that crossing rail road tracks which exist for trains might put one at risk of being hit by a train?

I'm guessing he stole the paint.

[sabbat hunter]

6. here is a link to the story

http://www.nydailynews.com/front/story/486574p-409688c.html

but he was such a 'good boy'

[dubykc]

5. Unfortunately all too many...

parents want their responsibilities legislated and/or litigated. It's easier than taking the responsibility themselves to control their kids and keep them safe.

[porphyrian]

7. That's a really dumb thing to do.

Under the same logic, the parents should be counter-sued for having so little control over their own minor child that they put the kid's life in jeopardy. Grief doesn't excuse externalizing responsibility in court.

[Deep13]

8. "Sometimes good kids do bad things."

Yah, know, maybe he was not an evil kid, but isn't the definition of a bad kid a kid who does bad things?

[michreject]

9. People should be forced to pay legal expenses

for frivolous lawsuits. These types of lawsuit hurt the legitimate suits.

[pennylane100]

10. It's sad what the parents have done to this child's memory.

I doubt that they will win any money but now their child's memory will be associated with irresponsible, possibly criminal behavior. And it will not bring him back or make the grieving process any better.

[Javaman]

11. It won't last 5 minutes in court. Having grown up on Long Island..

We are taught from and early age about the hazards posed by the trains.

Representatives from both Lilco (at the time) and the LIRR would come in and give demo's regarding the hazards around power lines and the Rail Road tracks.

They come in and show a demonstration about getting zapped by the third rail and getting squashed by trains.

Plus all along the tracks are all sorts of signs stating high voltage and the danger of high speed trains.

Also having grown up on Long Island there is a large segment of the population that feel very entitled.

Bottom line: their kid was a schmuck and shouldn't have been playing around the tracks. period.

When I was in 4th grade a kid in my school was playing "kiss the train" a moronic version of chicken. Needless to say, he lost. No law suits just distraught parents.

[michreject]

12. Wow!!

When I was in 4th grade a kid in my school was playing "kiss the train" a moronic version of chicken. Needless to say, he lost. No law suits just distraught parents.

Kid had no concept of death. Sad really.