Jack Black was badly injured at a railroad crossing when an Amtrak train hit his car.  A...

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Jack Black was badly injured at a railroad crossing when anAmtrak train hit his car.  A video camera on site willshow that Jack did not stop at the stop sign before attempting tocross the tracks.  The railroad crossing was marked witha stop sign and a railroad-crossing symbol but there were noflashing lights.  The industry safety standard is to havea stop sign, a railroad-crossing symbolandflashing lights.  Jack would like tofile a lawsuit against Amtrak alleging negligence in the design andmaintenance of the crossing.  

Advise Jack about the likelihood of success in hislawsuit.  In your answer, analyze all elements of a tortclaim, focusing particularly on causation (causation in fact andthe "proximate cause" test).   

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3.9 Ratings (393 Votes)
The industry safety standards stipulated flashing lights in addition to a stop sign and a railroadcrossing symbol But in the given situation there were no flashing lights So there has been violation of industry safety standards    See Answer
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Jack Black was badly injured at a railroad crossing when anAmtrak train hit his car.  A video camera on site willshow that Jack did not stop at the stop sign before attempting tocross the tracks.  The railroad crossing was marked witha stop sign and a railroad-crossing symbol but there were noflashing lights.  The industry safety standard is to havea stop sign, a railroad-crossing symbolandflashing lights.  Jack would like tofile a lawsuit against Amtrak alleging negligence in the design andmaintenance of the crossing.  Advise Jack about the likelihood of success in hislawsuit.  In your answer, analyze all elements of a tortclaim, focusing particularly on causation (causation in fact andthe "proximate cause" test).   

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