Robin Landes and her husband Willian are like thousands of other Delray Beach visitors who enjoyed an ordinary night out on the town. Get a drink, grab a great bite to eat, and head on over to Bru’s Room, a sports restaurant on the northwest side of the Atlantic Ave railroad crossing. But August 3rd was no ordinary night for the sweet Boca Raton couple.
In the early morning hours, while crossing the railroad tracks about 150 feet north of the railroad crossing walkway, Mrs. Landes was killed by a passing train when she lost her footing on the tracks. Her husband William witnessed her death after an unsuccessful attempt to save her life.
Unfortunately, this is an awful tragedy that is all too common in Palm Beach County, and it is a problem that Florida East Coast Railway (FEC), the owner of the railroad that runs along our coast, may be held responsible to address.
Is the FEC liable in the death of Ms. Robin Landes, and others who have been killed crossing the tracks?
It is possible that the FEC may be held civilly liable for the death of Robin Landes, and others who died while crossing the railroad tracks this year, by failing to install and properly maintain safety measures that prevent the public from loitering on or passing through the property.
Much like the owner of a home with a swimming pool is responsible for maintaining a fence around his property to prevent accidental child drownings, the FEC should be required to create a barrier of safety surrounding its deadly tracks.
City leaders in Delray Beach have begun an effort to take FEC to task on that point. Following the tragic death of Mrs. Landes, Mayor Cary Glickstein spearheaded the process of formally asking FEC to construct barriers that prevent or deter pedestrians from crossing outside safety crosswalks, which is a frequent habit of downtown Delray Beach visitors. These barriers might include a fence, or landscaping.
FEC is a private corporation that owns the trains, the rails they ride on, and the immediate proximity of property surrounding the tracks. On this crucial point, that the FEC has failed to place proper safety measures on their property to prevent pedestrians from engaging in the dangerous act of crossing railroad tracks outside of designated crosswalks, the families of those who have been killed by passing trains may sue the FEC for wrongful death.
Who can sue FEC for the death of Mrs. Robin Landes?
Florida law states who can sue for wrongful death. In the negligent death of Mrs. Robin Landes, there may be a potential wrongful death suit brought by any surviving children of Mr. and Mrs. Landes.
If a personal injury law firm is hired to file suit, a good attorney may also be able to prove that the untimely death of Mr. Willian Landes was connected to the death of his beloved wife, Robin. Mr. Landes died the very next day from “natural causes”, though it may be that he was so psychologically and emotionally impaired from the tragic death of his wife less than 24 hours earlier, that any condition he suffered from was exacerbated and severely hastened. The possibility of a companion wrongful death suit against FEC on behalf of Mr. Landes may be possible.
The key for victim’s families is to hire a law firm with experience in this area of law. Our personal injury lawyers are currently handling several similar cases right now. These wrongful death cases include people who were killed while crossing the FEC railroad tracks outside of designated crosswalk areas.
If someone you know or love was killed by a train while crossing railroad tracks in Florida, please consider calling the Law Offices of Craig Goldenfarb, P.A. We may be able to file a wrongful death suit on behalf of the deceased to win compensation for funeral costs, pain and suffering, and economic loss.
The consultation is completely free, and Mr. Goldenfarb will personally meet with your family to discuss your options. You pay no fees or costs to us for us to get started on your case. Find out if we can help your family today.