Injury in a train station compensation claims
In the following guide we set out what you should know about making a train station accident compensation claim.
Between 2009 and 2014, almost 7,000 passengers suffered injury after slipping on a platform or while boarding and alighting trains.
Around?1,600 UK passengers suffer a slip, trip and fall accident every year. The majority of these accidents happen on busy platforms and escalators or while entering or leaving trains.
Slip, trip and fall accidents are common in train stations. They happen for a variety of reasons, including:
- Rain causing a slippery, wet platform - this is particularly hazardous if the area is poorly lit
- Spillages that are not cleared up
- Tripping over baggage left on the floor
- Refuse dropped on the floor (there are no litter bins in train stations to reduce the risk of a terrorist threat)
- Collisions caused by overcrowded platforms and escalators
- A fall-related accident while boarding or alighting a train, for example, due to the change in elevation from the train to the platform
- Potholes or damaged platform surfaces
- Sliding on surfaces that have not been properly gritted or salted.
I have a strong claim - why won't a solicitor take it on?
Railway station operators, train companies, store owners and repair teams have various duties under the?Occupiers' Lliability Act 1957 (OLA) to keep visitors safe from harm. Under the OLA, whoever is in charge of a property must take reasonable and practical steps to ensure that the train station is kept in a good and safe condition for passengers.
The owner or operator of the train station does not have to eliminate all possible risks - this would be impossible in a busy, public place like a train station. However, the owner or operator must:
- Have a policy of inspection and maintenance whereby staff will inspect the public areas for hazards, for example, every hour or so
- Clear or rectify known hazards as quickly as possible
- Place prominent warning signs to warn passengers of possible hazards or slippery surfaces.
Failing to implement an effective inspection and maintenance program is likely to mean that the station operator has breached the duty of care they owe to passengers and visitors to the station. A claim for compensation may be brought if a passenger or visitor suffers injury as a result of such a breach.
To make a successful claim, your injury lawyer would have to demonstrate that the defendant failed in their duty of care to make the station safe for use.
Often, train station operators will deny liability on the basis that the hazard had not been in place long enough for them to identify and remove it before any accident occurred.
As an initial step, your injury lawyer will request CCTV footage to show how long the spillage, obstruction or defect that caused the accident had been in place.
Other evidence may also be gathered depending on the nature of the incident. Weather reports, for example, indicate whether the station manager should have been aware of a prolonged cold spell and have made sure sufficient supplies of grit or salt were available to reduce the risk of passengers slipping and falling on ice.
While you are at the train station, it is a good idea to take photographs of the scene of the incident. Getting the contact details of the other passengers who may have witnessed the accident is also helpful as they may be willing to provide a statement supporting your claim.
Compensation will vary depending on the nature and extent of the injury and other losses. To get an idea of how much compensation you could receive, we recommend that you use our?claims estimator.
Accidents at work - Claims against your employer
Every year, 600,000* employees are injured in accidents at work. If you have suffered an injury or illness at work, you may able to claim compensation.
Find out if you can claim compensation from your employer: Read more about work accident claims
*Source: 2016/17 Health and Safety Executive (HSE) report
Meet the QLS team
The nationwide network of Quittance solicitors carry out the legal work for all types of compensation claim, from relatively minor claims to long-term injuries. Selected because of their track record in winning claims, our solicitors have years of experience.
Personal injury solicitors now work on a No Win, No Fee basis.
No Win, No Fee means that if your claim is not successful, you will not need to pay any legal fees.
If you do win your case, a success fee will be deducted from the compensation award and paid to your solicitor.