Following a deadly Metro-North commuter train crash in New York, legal actions are targeting the railroad and its parent company, the Metropolitan Transportation Authority (MTA). Attorneys for the victims suggest liability could extend to the train’s manufacturers, like General Electric Co. and Bombardier Inc., due to potential product defects. The basis for these claims includes the lack of safety features, such as a “dead man’s switch” or “positive train control” technology, which might have prevented the accident when the engineer fell asleep. A great deal of legal interest is focused on the results of the investigation by the National Transportation Safety Board. According to litigator Steven C. Marks, a finding of pure operator error would simplify the litigation, leaving the MTA’s insurance as the primary target.
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Originally published by Pete Brush | Dec 5, 2013 | Law360
