A claim for an injury in a train station accident has been resolved at a hearing of the Circuit Civil Court in which the passenger was found 50% at fault.
The claim for an injury in a train station accident was made following the events of 2nd August 2012, when the plaintiff – a fisherman from Dun Laoghaire in County Dublin – mistakenly alighted from an Irish Rail commuter train at Tara Street instead of his intended destination of Connolly Street.
On realising his mistake, the plaintiff tried to re-board the train, but slipped and fell through the gap between the platform and the train. Although he was able to extricate himself and continue his journey, an x-ray taken the following day revealed that he had fractured his right shoulder in three places.
The plaintiff applied to the Injuries Board for an assessment of his claim for an injury in a train station accident, but Irish Rail denied its consent for the assessment to be done. The Injuries Board subsequently issued the plaintiff with an authorisation to pursue his claim through court action.
The claim for an injury in a train station accident was heard by Mr Justice Raymond Groarke at the Circuit Civil Court last week. At the hearing, Judge Groarke was told that, despite there being “probably more cameras at Tara Street Station than there are at Pinewood Studios,” the accident had not been captured by CCTV.
The judge heard that Irish Rail was contesting the claim for an injury in a train station accident because they felt the plaintiff was the architect of his misfortune by failing to look where he was going, although this argument was countered by the plaintiff´s counsel, who contested that Irish Rail had an obligation to provide safe transit and that obligation had not been met.
After hearing there had been eleven previous incidents of passengers falling between a platform and a train in the past five years, Judge Groarke commented that Irish Rail had an “absolute requirement” to warn passengers to mind the gap. The judge found in the plaintiff´s favour – although attributing him 50% contributory negligence – and awarded him €25,000 compensation in settlement of his claim for an injury in a train station accident.