Canadian Railroads > CP being sued over girl losing leg

This item is from the local Hamilton Spectator newspaper.
I am somewhat steamed up about this because it is just another sign that parents are not accepting responsibility for their failure to teach their child to stay away from railway tracks, even though they lived closed by.
I am reasonably certain that the tracks involved were installed long before any of the residents of the area were even born!
It is a line that connects CP's Kinnear Yard with the Hamilton Harbour area.

https://www.thespec.com/news-story/9394691-family-of-hamilton-girl-who-lost-leg-in-train-accident-files-15-million-lawsuit/

 

Will MacKenzie
Dundas, ON

It's interesting the family chose to use the adjacent property owners, too. I'm guessing they will assert the owners should have known about the attractive risk they maintain.

Posted from Android

The girls were trespassing. They were at fault.  Throw the suit out. Charge the parents for court time. Maybe that will teach them a lesson on how to teach kids to respect others property. 

LIRR tried that about 35 years ago on a girl who trespassed. They were sued and the jury awarded the plaintiff a lot of money against the big bad railroad with deep pockets due to RR tracks being an "attractive nuisance". Best for the bottom line to settle out of court. I don't know if it is any different in Canada. 



Edited 1 time(s). Last edit at 05/28/19 16:39 by joemvcnj.

andersonb109 Wrote:
-------------------------------------------------------
> The girls were trespassing. They were at fault. 
> Throw the suit out. Charge the parents for court
> time. Maybe that will teach them a lesson on how
> to teach kids to respect others property. 

Based upon your previous postings you apparently have zero compassion.  Maybe next time one should not make any comments.  

andersonb109 Wrote:
-------------------------------------------------------
> The girls were trespassing. They were at fault. 
> Throw the suit out. Charge the parents for court
> time. Maybe that will teach them a lesson on how
> to teach kids to respect others property. 

Your view from the mount must be wonderful.

Jim

You can't fix stupid!

Posted from Android

Jimmies Wrote:
-------------------------------------------------------
> andersonb109 Wrote:
> --------------------------------------------------
> -----
> > The girls were trespassing. They were at
> fault. 
> > Throw the suit out. Charge the parents for
> court
> > time. Maybe that will teach them a lesson on
> how
> > to teach kids to respect others property. 
>
> Your view from the mount must be wonderful.
>
> Jim


In the past I have often disagreed with Andersonb .... in this case, I happen to agree with him. Strongly!

 

Will MacKenzie
Dundas, ON

Couple of problems - it is an 8 year old so the "fix stupid" or trespass logic is hard to apply, unless we assume an 8 year old has learned all of lifes lessons.

We don't know what the parents told or did not tell the child but here is a reveleation, kids don't always do what their parents tell them.

I do know that as a property owner owning a swimming pool  I would have to meet  code requirements.  If I had a refrigerator outside I would have to remove the door.
Etc etc.

Bob Jordan

robj Wrote:
-------------------------------------------------------
>
> I do know that as a property owner owning a
> swimming pool  I would have to meet  code
> requirements.  If I had a refrigerator outside I
> would have to remove the door.
> Etc etc.

In this case, CP has fixed the fences many, many times!
It is not exactly the niecest part of the city ......

 

Will MacKenzie
Dundas, ON

thehighwayman Wrote:
-------------------------------------------------------
SNIP
> In this case, CP has fixed the fences many, many
> times!
> It is not exactly the niecest part of the city
> ......
>
>  .
That can be a very powerful argument. Maintaining the fence in spite of adversity is a big plus.

Posted from Android

4489 Wrote:
-------------------------------------------------------
> andersonb109 Wrote:
> --------------------------------------------------
> -----
> > The girls were trespassing. They were at
> fault. 
> > Throw the suit out. Charge the parents for
> court
> > time. Maybe that will teach them a lesson on
> how
> > to teach kids to respect others property. 
>
> Based upon your previous postings you apparently
> have zero compassion.  Maybe next time one should
> not make any comments.  

I have ZERO compassion for people that try to make their misfortune someone else's fault. Sometimes bad things happen to good people, innocent people and children, and it just is what it is.  A few weeks ago, about a mile from my house, a family was visiting someone in a housing addition that has several large ponds on a golf course.  A five year old boy wandered off and drowned in one of the ponds.  A real tragedy.  End of story, but we all know it won't be.



Edited 1 time(s). Last edit at 06/03/19 05:03 by junctiontower.