What is being called the first lawsuit in the U.S. related to the fatal Quebec train derailment was recently filed in Cook County. The lawsuit was filed on behalf of a girl whose father was killed.
Her father was one of almost 50 people killed when a train derailed on July 6 and 72 tankers of crude oil crashed and exploded in a Canadian village.
In the lawsuit, the minor daughter claims the railroad companies, a parent company and a fuel services company should be held liable as these companies failed to keep the oil tankers up to government safety standards. The claim is that had these oil tankers, known as DOT-111s, were kept up to standards the entire tragic accident could have been avoided.
Other companies, such as DPTS Marketing and Western Petroleum Company are also named as defendants in the lawsuit.
According to the lawsuit, these were also the same type of tankers involved in the 2009 derailment in Cherry Hill, Illinois. In that case, more than 300,000 gallons of ethanol spilled when the tankers derailed.
The lawsuit goes on to say that it has been well known for years that the DOT-111s have rupturing problems. However, while the National Transportation Safety Board has reportedly wanted these issues to be addressed, companies have supposedly ignored the dangers.
In cases such as this one, where it is believed a company knew of a danger, yet did nothing to correct the issue, there may be grounds for a wrongful death lawsuit. An attorney with experience handling a wide range of wrongful death cases can help investigate the facts and build a case.
Source: Chicago Tribune, “Wrongful death suit in Quebec train crash filed in U.S.,” Casey Sullivan, July 23, 2013