Because of flooding in Washington state, residents must walk across active BNSF trestle. Sounds dangerous to me. Read more.
http://www.komoradio.com/news/4616662.html
Bob
“The road is washed out in two places. It is a private road maintained by homeowners’ dues. They are hoping Burlington Northern will help rebuild the road. They said it was a logjam caused by the railroad bridge that led to the road washout.”
Good way to open a dialogue with BNSF. Why would they help with an attitude like that?
Sorry to hear of the problems but when you live in a flood prone area, you are taking risks.
As for using the BNSF bridge, I hope they have an agreement with the railway.
Read the article, and yah, those folks have a problem. Regarding the BNSF trestle. I’m not an attorney, but floods are generally considered “acts of God”. That being the case, in all probability, BNSF isn’t going to be liable for damage to it’s trestle that resulted in damage to the Home Owners. Two thoughts come to mind rather quickly. The persons who of necessity must walk over the trestle, hopefully will do this with considerable caution. Secondly, the homeowners must hope that the railroad will assist them as a goodwill gesture. I really don’t think there’s a legal obligation on BNSF’s part to do so. It’s a chance for a great p/r gesture though, and one the railroad probably should take.
I DO AGREE THAT THE BNSF RAILWAY NEEDS TO HELP THOSE PEOPLE. THIER BRIDGE CAUSED THE RIVER TO CLOG UP. SO BNSF RAILWAY SHOULD HELP THEM.
yeesh, man. enough with the caps. you sound like you just ate 2 bags of sugar
The only recent update I can find on the washout is: Vacationing man from Florida has his rental car stranded. He is back home and will pay $28 a day till next spring to Hertz.
I’m sure the residents will sue BNSF. After all, you can’t collect damages from either the logs or the river.
Ya wanna live in a flood plain, ya takes yer chances. Even after this, I can’t believe those people want to stay. Since it’s a private road, I think it is safe to assume it is also an unincorporated area. And around here, that’s where people build homes to avoid paying city taxes… for things like the building, upkeep and repair of public roads.
If the trestle blocking logs was the proximate cause of the road flooding, the BNSF might be legally liable for damages.
So where’s our resident lawyer (that would be you Gabe)? If BNSF is liable to pay damages than there are some screwed up laws…
EDIT: So does the BNSF even know? Is there any sort of agreement?
No legal expert, but the only way I could see BNSF being liable would be if they had willfull intent of causing a log jam. The log jam as stated before would be considered an act of god. If BNSF is liable woudn’t the property owner from which the tree originally came from also be held liable, he didn’t control the tree to prevent this from happening.