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11/22/2017 10:05:29 PM
Posted: 9/28/2004 4:18:06 AM EST
Man run over by a train to pay Polish railways for delays

MARGARET NEIGHBOUR


A POLISH man left paralysed after being run over by a train has been forced to pay compensation to the country’s train operator for causing delays to the service, a railway spokesman said yesterday.

Pawel Banaszek was lying on the tracks when he was run over by the train. It was claimed he had been beaten up in a fight outside a bar and left for dead on the rails.

But a local prosecutor said that there was no conclusive evidence a fight had taken place.

PKP Railway spokesman Krzysztof Lancucki said the 19-year-old was left paralysed by the accident in August 2003. His misfortune cost 2,058 zlotys (£321) worth of losses to the national train service for the delays the incident caused.

Although half the amount has been written off, Mr Banaszek is having to pay the rest in 80-zloty monthly instalments from his 600-zloty disability pension.

"We are acting in accordance with article 415 of the civil code, seeking damages from a person who caused delays in rail traffic - just like anywhere else in the world," said Mr Lancucki.

Earlier Poland’s daily Gazeta Wyborcza quoted Mr Banaszek’s father as saying his son’s attackers had dragged him on to the tracks to try to fake a suicide.

But regional prosecutor Robert Strzeminski said: "We didn’t have any evidence of a beating ... so we had to treat it as a simple train accident."

"We are the guardians of public property, not a charitable institution, and we have an obligation to seek compensation in the name of the taxpayers," Mr Lancucki told Wyborcza.

"Mr Banaszek could have turned to a court, but he didn’t. He would lose, and the whole affair would cost [him] many times more."

The paper reported that Mr Banaszek’s house had recently burned down.

Mr Lancucki said that PKP would probably write off the remaining amount if Mr Banaszek made a formal request.
Link Posted: 9/28/2004 6:47:42 AM EST
Somebody looking to collect beaucoup zlotys- or go to the big kielbasa in the sky. Either way, he's fvcked.
Link Posted: 9/28/2004 6:50:26 AM EST
Man, that's cold....
Link Posted: 9/28/2004 7:32:08 AM EST
Wouldn't surprise me if a US railroad tried that.
Link Posted: 9/28/2004 7:40:27 AM EST
Here in the USA, we the train also has the "right-of-way." I've heard that if a train engine hits your vehicle, you can be liable for repair of the train engine. Moral of the story, don't stop your vehicle on the railroad tracks.
Link Posted: 9/28/2004 7:48:29 AM EST
Sounds like a suicide gone wrong. If people beat you bad enough that you couldn't get out of the way while lying on train tracks with a train coming, there would have been evidence.

I say he should pay, maybe next time he'll off himself in a way that doesn't affect others.

Suicide is a horrible thing, but forcing others to see and deal with the problems caused by it is also bad.
Link Posted: 9/28/2004 6:16:41 PM EST

Originally Posted By Boomer:
Wouldn't surprise me if a US railroad tried that.




I think they should. Afterall he was laying on the tracks. What did he think was going to happen?
Link Posted: 9/28/2004 6:18:01 PM EST

Originally Posted By Boomer:
Wouldn't surprise me if a US railroad tried that.



Well it isn't like you guys can stop short or turn to miss them.

They are tracks how hard is it to stay off them ????

I kinda like the idea.
Link Posted: 9/28/2004 6:20:40 PM EST

Originally Posted By warlord:
Here in the USA, we the train also has the "right-of-way." I've heard that if a train engine hits your vehicle, you can be liable for repair of the train engine. Moral of the story, don't stop your vehicle on the railroad tracks.



You forget though that the US has about 90% of the worlds lawyers. Get enough lawyers and one can make any company sing the blues and shell out the dough.
Link Posted: 9/28/2004 6:51:18 PM EST

Originally Posted By purplecheese:


You forget though that the US has about 90% of the worlds lawyers. Get enough lawyers and one can make any company sing the blues and shell out the dough.




God bless AmeriKa.
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