Teenager Loses Foot in Railroad Accident

By John Cooper, Norfolk, VA Personal Injury Attorney

An accident playing on the railroad left a 13-year-old boy disfigured for life after he fell off a train in Covington, Ohio.

The accident, that severed the boy’s foot, occurred on CSX railroad tracks on Donaldson Avenue, on the afternoon of December 17, 2011, WKRC reported.

Investigators said the 13-year-old and his friends were jumping on trains, when  the 13-year-old slipped and fell under the locomotive. The train ran over the boy, severing his foot.

Ambulance crews transported the boy to a local children’s hospital to be treated. Police said his injuries are non-life threatening.

A CSX train

As experienced Virginia (VA) accident lawyers we are saddened by this incident, which could easily have been even more serious for the victim.

This accident raises questions about the liability of the railroad operator. Although generally a landowner owes no duty to a trespasser, there is an exception in the case of children known as the attractive nuisance doctrine, although its effectiveness depends on circumstances.

A landowner can be held liable for the action of children who trespass if the injury is caused by a hazard that attracts curious children who can’t full appreciate the risks involved.

In a U.S. Supreme Court case in 1876 the court looked at a case in which a child was injured on an unguarded, unlocked railroad turntable. The court said the railroad’s knowledge that children were playing on the turntable made it liable even though the children were trespassing.

In the Ohio case CSX clearly had a duty to make sure children could not easily get onto its tracks.

Sadly CSX has an unenviable record of accidents on its tracks of which some have led to lawsuits against the railroad.

As a lawyer with a long record of representing victims of railroad accidents, I would question whether the CSX took sufficient precautions to keep children off its tracks in Ohio.

The Norfolk based personal injury law firm, Cooper Hurley, handles car, truck, and motorcycle injuries. John Cooper and Jim Hurley have over 40 years of combined experience in handling auto injury accident claims. Attorney John Cooper has been named to Virginia “Super Lawyers” since 2010. Cooper Hurley represents people hurt in accidents in Norfolk, Virginia Beach, Portsmouth, Suffolk, Chesapeake, Hampton, Newport News and throughout VA, and always put the best interests of the our clients first. The firm is recognized by other lawyers as “AV” by Martindale-Hubbell, a national attorney rating service, for our top level of legal skill and highest ethical standards. If you need help or advice about a serious injury, please call us ( 757) 455 -0077. For a free consultation with a specialized Hampton Roads, Virginia personal injury lawyer contact us through this website.