Question

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?

Answer 1

I think it's both the railroad inspector and the driver who drives the car. The railroad inspector didn't come fix the problem and the driver didn't take his car to the shop to get his problem fixed. So honestly, it's both their faults.

Answer 2

Both the railroad inspector and the driver are at fault in this case.

How would you back up your claim?

• The railroad inspector failed in his duty to repair the railroad signal, and the driver failed in his duty to take the car for repairs.
• The railroad company should be held liable for the car damage because the inspector ignored the defective signals that caused the accident.
• The inspector and driver must bear responsibility for the train's damage. The driver should have taken the vehicle in for repairs, and the inspector should have been more focused.

What exactly do you mean by "negligence"?

• Negligence is defined as a situation in which someone intentionally or unintentionally overlooks a particular factor or situation.
• It can be done for both positive and negative reasons.

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