The Ontario Court of Justice found that 401 Mini-Indy, the license holder of a permit allowing them to operate go-karts, was guilty of causing the operation of an unsafe device by permitting a patron to operate a kart while wearing a scarf, which is a known hazard, according to a news release.
Since 2007, in Ontario, licensees such as 401 Mini-Indy, and their employees who operate the devices, are required to have patrons who have long hair or who are wearing loose clothing, such as scarves, secure the hair or clothing, or refuse to allow the patron to ride if the hair or clothing is not secured. Entanglement of hair or clothing in the rear components of go-karts is a known hazard.
The TSSA investigation determined that Mrs. Kapadia and her sister-in-law, who were both wearing scarves, were permitted by the operator 401 Mini-Indy to ride the go-karts without being required to secure their scarves.
“We are saddened by this tragedy,” said Roger Neate, Director, Elevating and Amusement Devices, TSSA. “The court’s decision should send a harsh warning to licensees who do not comply with safety regulations that they will be prosecuted and face consequences.”
