Kaylee M.
asked • 10/05/21The class is Business Law 241
The signals on a railroad crossing are defective. Although the railroad company was notified of the problem a month earlier, the railroad inspector has failed to come by and repair them. Seeing the all-clear signal, a car drives up and stalls on the tracks as a train rounds the bend. For the past two weeks the car had been stalling, and the driver kept putting off taking the car to the shop for a tune-up. As the train rounds the bend, the engineer is distracted by a conductor and does not see the car until it is too late to stop. Who is negligent? Who must bear the liability for the damage to the car and to the train?
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1 Expert Answer
Buddy B. answered • 12/04/21
Tutor
4.8
(13)
MS, PMI, & Agile Certification, with 20+ Yrs Project Management
Not sufficient clarity in evidence to determine liability and type. Enough evidence for finger-pointing but more facts required for a legal determination.
Buddy Bacchus
MFI Personal & Professional Safety Coach
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Kaylee M.
The signals on a railroad crossing are defective. Although the railroad company was notified of the problem a month earlier, the railroad inspector has failed to come by and repair them. Seeing the all-clear signal, a car drives up and stalls on the tracks as a train rounds the bend. For the past two weeks the car had been stalling, and the driver kept putting off taking the car to the shop for a tune-up. As the train rounds the bend, the engineer is distracted by a conductor and does not see the car until it is too late to stop. Who is negligent? Who must bear the liability for the damage to the car and to the train?10/05/21