The family of an eight-year-old girl whose leg was crushed by a train last year is suing CP Rail for $15 million.

Khelyse Crowe-Kasule was playing near the tracks around Cumberland and Gage last April 5 when the train moved, crushing her right leg. Doctors amputated part of her leg, and she's permanently disabled, said her lawyer, Darcy Merkur.

"She's a resilient kid," Merkur said. But "when it comes to the social aspects, it's going to be a major uphill battle."

The lawsuit, filed in Hamilton court this month, names Canadian Pacific Railway Ltd. and the owners of a fence near the tracks. No statement of defence has been filed, and the claims haven't been proven in court.

Crowe-Kasule, now nine, was playing with friends on a vacant lot around 6 p.m., said Merkur. The only thing separating the lot from the tracks was a dilapidated fence.

Sgt. Yancy Eddie with the CP police service directs traffic on Cumberland Avenue Tuesday. The crossing is one of three locations for new decals encouraging railway safety. (Samantha Craggs/CBC)

The children made their way to the tracks and climbed onto them. There was a train there, says the statement of claim, but it was either stopping or had already stopped.

Then "suddenly and without warning," the train started moving, and Crowe-Kasule's right leg was caught under it. Two Hamilton police officers arrived on scene, and they applied a tourniquet, a move paramedics credit with saving her life.

The claim says the property owners didn't install fencing and other safety measures around the property. CP, it says, didn't have warning signs, barriers, fencing, alarms, lights and other warning elements at the area leading to the train tracks. It also didn't notice the children in the area, says the claim, despite there being injuries in that area before.

The girl's leg was amputated below her right knee, the claim says. The incident also caused "severe physical and emotional pain, suffering and a loss of enjoyment of life," and will require a lifetime of prosthetics and rehabilitative equipment.

(Samantha Craggs/CBC)

A CP Rail spokesperson said Tuesday that the company is still doing its own investigation into the incident, but doesn't know how long that will take. The company had no comment on the lawsuit.

CP was in the area Tuesday to unveil sidewalk decals for its "Look. Listen. Live" campaign. The campaign, which is also in Vancouver and London, includes the city, the CP police service and Operation Lifesaver.

"This way, as they're walking toward the crossing, they can see the decal remind them that they're approaching a railway crossing and there are potentially trains coming," said Insp. William Law with CP Rail's police service.

Mayor Fred Eisenberger (with umbrella) was part of the launch Tuesday. (Samantha Craggs/CBC)

Every year, Law said, about 100 Canadians are killed or seriously injured in railway incidents. It's often people taking shortcuts or underestimating the speed of a train.

The size of trains make them appear to be moving slower, he said. "It's like when you watch a plane come in for a landing at the airport.

"People don't really notice the speed of a train coming at a crossing."

The Crowe-Kasule incident, he said, was "very tragic."