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RE: Police shut off cell phone service "for the sa... - 8/13/2011 5:12:06 PM   
DarkSteven


Posts: 28072
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quote:

ORIGINAL: Fightdirecto

Hypothetical:

BART, in order to stop a potential anti-BART demonstration, kills all cell phone service within 1 mile of a BART train station.

Mr. John Doe and his wife, Jane, are walking along the public sidewalk next to the BART train station. Jane, an elderly lady, has a heart attack and collapses to the sidewalk. John takes out his cellphone to call 911 - but his cellphone won't work because BART, in order to stop a potential anti-BART demonstration, has killed all cell phone service within 1 mile of the BART train station. There are no pay phones in the area. Jane dies due to the inability of her husband to contact paramedics in time to save her life.

What civil or criminal liability would BART have in Jane Doe's death?


quote:

ORIGINAL: willbeurdaddy

This is a tough one. BART is a tri-county agency, not state or federal, and they have an obligation to provide safe ridership.


Summary: BART is liable if they DON'T stop the protest and someone is injured/killed, and they're also responsible if the suspension of cell service causes an injury/death.  They clearly believed that the chance of harm was greater due to the flash mob protest, and I agree.


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Profile   Post #: 21
RE: Police shut off cell phone service "for the sa... - 8/13/2011 5:28:25 PM   
Fightdirecto


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quote:

ORIGINAL: Aylee
quote:

ORIGINAL: Fightdirecto
Hypothetical:
BART, in order to stop a potential anti-BART demonstration, kills all cell phone service within 1 mile of a BART train station.
Mr. John Doe and his wife, Jane, are walking along the public sidewalk next to the BART train station. Jane, an elderly lady, has a heart attack and collapses to the sidewalk. John takes out his cellphone to call 911 - but his cellphone won't work because BART, in order to stop a potential anti-BART demonstration, has killed all cell phone service within 1 mile of the BART train station. There are no pay phones in the area. Jane dies due to the inability of her husband to contact paramedics in time to save her life.
What civil or criminal liability would BART have in Jane Doe's death?

What in the hell did people do before cell phones when a person had a heart-attack in public?

They used the nearest pay phone. However, with the increasing number of people with cellphones, the various phone companies have removed almost all public pay phones.

For example, in Boston's South Station (the AMTRAK station) the last public pay phone was removed by the phone company two years ago.

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Profile   Post #: 22
RE: Police shut off cell phone service "for the sa... - 8/13/2011 5:33:58 PM   
littlewonder


Posts: 15659
Status: offline
quote:

ORIGINAL: Fightdirecto

Hypothetical:

BART, in order to stop a potential anti-BART demonstration, kills all cell phone service within 1 mile of a BART train station.

Mr. John Doe and his wife, Jane, are walking along the public sidewalk next to the BART train station. Jane, an elderly lady, has a heart attack and collapses to the sidewalk. John takes out his cellphone to call 911 - but his cellphone won't work because BART, in order to stop a potential anti-BART demonstration, has killed all cell phone service within 1 mile of the BART train station. There are no pay phones in the area. Jane dies due to the inability of her husband to contact paramedics in time to save her life.

What civil or criminal liability would BART have in Jane Doe's death?


I can't imagine BART shutting down service that far away but if for some odd reason that did happen then BART would be liable to a point I'm sure but John would do like we did before cellphones...run to the nearest building to request that they call an ambulance or yell out for someone to call an ambulance.


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Profile   Post #: 23
RE: Police shut off cell phone service "for the sa... - 8/13/2011 5:54:49 PM   
Aylee


Posts: 24103
Joined: 10/14/2007
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quote:

ORIGINAL: Fightdirecto

quote:

ORIGINAL: Aylee
quote:

ORIGINAL: Fightdirecto
Hypothetical:
BART, in order to stop a potential anti-BART demonstration, kills all cell phone service within 1 mile of a BART train station.
Mr. John Doe and his wife, Jane, are walking along the public sidewalk next to the BART train station. Jane, an elderly lady, has a heart attack and collapses to the sidewalk. John takes out his cellphone to call 911 - but his cellphone won't work because BART, in order to stop a potential anti-BART demonstration, has killed all cell phone service within 1 mile of the BART train station. There are no pay phones in the area. Jane dies due to the inability of her husband to contact paramedics in time to save her life.
What civil or criminal liability would BART have in Jane Doe's death?

What in the hell did people do before cell phones when a person had a heart-attack in public?

They used the nearest pay phone. However, with the increasing number of people with cellphones, the various phone companies have removed almost all public pay phones.

For example, in Boston's South Station (the AMTRAK station) the last public pay phone was removed by the phone company two years ago.


So. . . you are saying that there is going to be a potentially dangerous demonstration yet there are NO LEOs around? Come on, you cannot expect me to by this.

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Profile   Post #: 24
RE: Police shut off cell phone service "for the sa... - 8/13/2011 6:08:56 PM   
Termyn8or


Posts: 18681
Joined: 11/12/2005
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FR

Who fucking cares ? You know 911 takes longer to get there than a fucking snail funeral.

Bitch and gripe, all you ever do. Let me put it this way, just so you know : In the US, we pay as much in taxes as any civilized society, mostly in the form of hidden taxes, but we get NOTHING for it. Our NICE NEW HEALTHCARE PLAN IS ONE THAT FORCES EVERYONE TO BUY FUCKING INSURANCE !. Have you read it ? AND THEY FINE YOU ON YOUR TAXES IF YOU DON'T.

How the fuck does something like that cost taxpayer money ? YOU TELL ME. " One eight hundred, safe auto, pick up the phone the call is free, one EIGHT HUNDRED, SAFE AUTO, PLAY IT SAFE ! ".

I do what I want. And when I die, I will die, not live on as a fucking vegetable for another twenty years.

I don't need communications for that. And when I am off here, watch the fucking news.

FUCK YOU. (well not yall here,,,,,)

T^T

< Message edited by Termyn8or -- 8/13/2011 6:10:25 PM >

(in reply to Aylee)
Profile   Post #: 25
RE: Police shut off cell phone service "for the sa... - 8/13/2011 9:15:35 PM   
outhere69


Posts: 1302
Joined: 1/25/2011
Status: offline
Guys, BART cut service to the platforms, not the surrounding area.  They probably cover that with their own picocell and they have contractual language in place with the carriers that allow them to kill service within the platform/station area.  All they have to do is disconnect the "wire side" of the system.  They didn't use jammers.  That would be a Federal offense (intentional disruption of a licensed service).  They used to charge 1 year and $10,000 per offense back in the early 90s.

Overloading a platform isn't much of an issue for weight (at least on none of the stations I ever stopped at) but there's a 3rd rail on the tracks.  Wouldn't take much crowding to accidentally push someone off the platform.

(in reply to Termyn8or)
Profile   Post #: 26
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