If we live about 80 feet from a railroad track, what is the best way to ask the railroad to put up a safety fence?

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If we live about 80 feet from a railroad track, what is the best way to ask the railroad to put up a safety fence?

Trains go by probably every 15 minutes on average. My 1 year old son has become very fascinated with the railroad tracks and every time we walk outside he goes straight for them. I’m curious if there’s anyway I could talk to the railroad company to see if they would build a fence on there property line. I’m asking for advice as to what I could say to them. Legal terms I could use, etc.

Asked on June 21, 2014 under Personal Injury, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You could tell them that to a young boy, a train and train tracks constitutes an "attractive nuisance" (something which draws them in), and that the tracks are putting your son at risk; therefore, you think it's in everyone's interest for the railroard to put up a fence, to avoid injury to your son and possible liability. However, all you can do is ask; if they refuse to act and are content to take the risk, you can't make them install a fence. You may wish to consider putting up a fence yourself, to protect your child.


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