Remember when we told you that personal injury can be complicated?

by Doug Zanes | Last Updated: October 19, 2015

Supreme Court Considers Woman’s Right to Sue in US For Accident on Austrian National Railroad
Remember when we told you that personal injury can be complicated?

That it doesn’t just involve car accidents per sae?

Well this is what we meant by that!

Justices on the U.S. Supreme Court appeared to side with the Austrian national railroad during oral arguments on Monday on its claim that it is immune from an injury suit in the United States…

The suit was filed by a California woman who lost her legs in an accident in Austria after buying her ticket online from a Massachusetts travel agent….

At issue in the case is whether the railroad has immunity from suit in the United States under the Foreign Sovereign Immunities Act, report SCOTUSblog, the Washington Post and the New York Times.

The plaintiff, Carol Sachs, claims she can sue under an exception for suits “based on commercial activity in the United States”….

The argument was the first in the court’s new term, the New York Times points out.

Sachs was represented by Stanford law professor Jeffrey Fisher, who “soldiered on” amid skeptical questioning by the justices, according to the Post account.

“I think there are plenty of cases that support the proposition that when a company markets and sells a product in a jurisdiction,” a right to sue in that jurisdiction is implied, he said.

This case proves that jurisdiction alone can become complicated in a world where online purchasing is now the “normal” thing to do especially in the case of traveling.

Doug Zanes
Doug Zanes: Founding Attorney Raised in Douglas, Arizona, and went to college at Arizona State University and graduated from law school at St. Mary’s University School of Law in Texas. Doug began practicing law in Phoenix Arizona in 1997.
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