Austrian Train Injury Case Has No Legs In US Court

By on Dec 18, 2015 in Hiring a Lawyer, Lawyer Prices and Billing, Technology and the Law |

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It was made clear that the Supreme Court does not want Carol P. Sachs, from California to take legal action in a US court for injuries sustained in a train accident in Austria.

Carol P. Sachs Accident

Sachs was boarding a train located in Innsbruck but lost her legs in the process. She wants to take legal action in a Californian court because she purchased her train ticket online in the United States. The ticket was purchased online from a Massachusetts travel agent.

Objections to the Lawsuit

It was agreed by many that this lawsuit should not be held in the US because the incident occurred in a foreign country. According to Justice Ruth Bader Ginsburg the connection of the case with the United States was minimal. It only involved the purchase of a ticket in Massachusetts for over thirty railroads. It’s the only event in the case that occurred in the United States. Everything else happened in another country. Other scenarios were put forward by Justice Elena Kagan. She wondered how viable it would be to take a case against a US ticket company if they sold an opera ticket to someone and they had an accident in the theatre. She seemed to suggest that this was a ridiculous idea and that the same was true for the lawsuit Carol P. Sachs wanted to take. Next to comment on the matter was Justice Stephen G. Breyer. He has experience writing about the American legal system and the global economy. He did not know of any other country that would allow a case like this to take place.

The Real Issue

The real issue at the heart of this case was the situation regarding the Austrian owned railroad. In principal the Austrian government is given sovereign immunity if there is an incident like this. However, the issue gets more complicated if the purchasing of the ticket takes place in the United States.
Carol P. Sachs lawyer, Jeffrey L. Fisher felt the purchasing of the ticket in the United States meant it was an important part of the transaction, even though the accident took place in another country. He said selling the ticket was just as important as taking the train in this instance.
The railroad lawyer Juan C. Basombrio indicated that as a ticket seller you could not be responsible for the safety and conditions present at every European railway station.In case you want to sue a bank feel free to contact suing banks for more advice.

It was stated by Edwin S. Kneedler who is a deputy solicitor general that it was wise for the United States legal system not to get involved in proceedings in another country like this. Jeffrey L. Fisher still felt the case should be considered. He said it was unique and changes were taking place that would avoid this issue in the future. Despite this Justice Ginsberg did not agree with Fisher.