The fact of the matter is, if you are injured on the train, someone will always be liable, even if it is yourself. Should you sustain an injury by tripping over your own shoelaces on a train, for instance, no-one else could be held liable for your trip injury. In other instances, however, the train company or operator, driver, other members of staff or even another passenger could potentially be held liable.
Being injured on the train
Such instances of others being liable for accidents resulting in you being injured on the train include, for example:
- Slips, trips and falls: Injuries by slipping, tripping or falling as a result of spills not being cleaned up properly; luggage or other clutter in aisles between seats; loose flooring or unmarked steps could mean the train company, staff or other passengers are liable for your injury.
- Scalding or burning: If you are injured on the train by someone else spilling a hot drink on you, the person responsible for the spill may be liable.
- Injury by falling objects: Inadequate or unsafe luggage storing facilities could result in injuries by falling objects. In this case, the train company or operator would be liable. If a passenger misused or wrongly used storage facilities, liability could lie with the passenger.
In cases of train crashes or derailments, liability could lie with:
- The driver, if he or she ignored warning signals, failed to see and avoid obstacles on the rails due to lack of attention or exceeded safe driving speeds, for instance
- The rail company, if the crash or derailment was the result of faulty signals, damaged or worn rails or faulty wheels or brakes on the train, for example
- Drivers of other vehicles, if they caused the train accident by ignoring warning signals and entering railway crossings, for example
- Other members of the public, if they got onto the tracks for some reason or another
In any case, if you were injured on the train and wish to claim for personal injury compensation, you will be required to provide evidence to show that someone else was responsible and therefore liable for the railway accident causing your injury.
Professional legal assistance
Accident Advice Helpline’s legal professionals have the skills and experience to help you gather this evidence and support you throughout the process of your public liability claim. Permit our in-house team to enhance your chance of success by giving us a ring on 0333 500 0993 or 0800 689 0500 (mobile or landline calls respectively) now.
Date Published: December 9, 2015
Author: David Brown