http://thestir.cafemom.com/in_the_news/130874/dead_teen_sued_by_victim?next=11

Repost from ffxiah, but just wondering what your thoughts were on this.

I would sue the train station for not having an overpass so the teen could have just went over the tracks… avoiding collision and hence… no flying body parts and no broken bones. And if the train schedule were usually delayed… the teen would not have worried about not being on time… how dare these train stations keep a schedule… couldn't they be more like airports?


It is truly sad this woman is suing the deceased teen. I'm just wondering what she is getting out of this because what I see is she is just humiliating herself.

From a strictly legal standpoint, it would seem she does have standing to sue. The plaintiff must show damages and it would seem there were damages caused. Just because the kid died, doesn't change the fact that she was injured by his negligence - which the court must have found evidence that he could have avoided it. Let's say the train missed him, but clipped his suitcase which struck the woman & caused the injuries. He would be liable for damages as long as the incident could have been avoided by him - just like injuring someone in a car accident. The fact that he died is indeed sad, but doesn't remove fault. My thought is the woman perhaps had no money for a hospital bill & is suing to cover the doctors' fees. I hope she is not being coaxed by a lawyer to sue for punitive damages however, which may be the case. If that's what's going on then I agree she should back off. Injury Lawyers will exploit anyone if they think they can make a buck.

I think there is not enough information being provided in the blog to form a good opinion.

This woman has every right to have her medical care paid for (of course in Canada that is free anyway). The blog does not go into what her suite is. She may have suffered financial hardship due to time off work etc and so reasonable compensation should be awarded. Now that said, the only people that win from unreasonable lawsuites are lawyers.