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Re: A ''Shocking'' Lawsuit

Posted by Stephen Bauman on Mon Apr 25 09:08:44 2016, in response to A "Shocking" Lawsuit, posted by JayZeeBMT on Mon Apr 25 07:20:21 2016.

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A property owner has the obligation to keep his property safe for visitors. This obligation extends to trespassers and even burglars. It's not a recent court ruling.

I read about a would-be burglar who tripped in a hole, broke his leg and sued the property owner. This case was in the late 19th century. The plaintiff won.

Amtrak and the MBTA's negligence should be difficult to prove, if they took reasonable precautions to prevent such an occurrence. OTOH, if gates leading to the train were open, there were a ladder beside the train and no personnel on site to stop the plaintiff, then the question of negligence is less moot.

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