Pomerantz Perlberger & Lewis LLP

A judge has upheld a jury verdict for $24 million against Amtrak and Norfolk Southern in the premises liability case of two teens who were severely burned by high-voltage wires after trespassing and climbing atop a railway car parked in Lancaster, Pennsylvania. Although the teens were trespassing, the judge ruled that Amtrak had put them and potentially others "in grave peril" by leaving the 12,000 volt catenary wires switched on and leaving rail cars with attached ladders parked under them for upwards of four days at a time without posting any warning signs.

The boys’ lawyer pointed out that this was no ordinary slip-and-fall case. If, for example, the boys had fallen off a ladder and injured themselves, that would have constituted a foreseeable consequence of their trespassing, and would not have merited any damages, but a possibly deadly electrical shock was something else, something resulting from the negligence bordering on willful misconduct of Amtrak, which should have been tipped off to the presence of trespassers by graffiti in the area, and either shut off the electricity in the wires when not in use, or posted warnings.

Although Pennsylvania law limits the legal rights of people trespassing, there are still circumstances for which property owners should be held accountable. If you have been hurt as a result of the negligence of a property owner, contact the experienced premises liability attorneys at Pomerantz, Perlberger, and Lewis, LLP today for a free initial consultation.