Canada’s been tracking the largest cause of death on its federally regulated railways over the past decade without launching a substantial number of investigations and without a national plan to prevent further fatalities.
One such victim was eight-year-old, Khelyse Crowe-Kasule from Hamilton, Ontario. Khelyse is a client of Darcy Merkur, personal injury lawyer with the law firm of Thomson, Rogers. Khelyse and her friends were playing around the tracks running through their residential neighbourhood when a stopped Canadian Pacific train started moving. The TSB suggested the train had been moving at about 8km/h when it ran over Crowe-Kasule, severing much of her right leg.
About his client’s accident, Darcy says:
The only barrier that separated the track from a residential neighbourhood is a “decrepit” fence.
I don’t agree with the use of the word ‘trespass’ at all. Trespass suggests there were large fences preventing people from accessing the area and they acted deviously to access the area, which is not the case at all.
What it really is about is the rail companies’ responsibility to prevent access in these situations where the children are enamoured by these trains, don’t appreciate the risks because they are children, and are injured.
Read the full article HERE.