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?

UPDATED: Jun 21, 2014

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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