Train Station Accident Claims
Millions of people rely on trains each day for convenient, fast, and eco-friendly transportation. Accessing these trains requires navigating through train stations, which serve as crucial hubs for boarding, disembarking, and transferring passengers.
As with any other public premises, train station operators have a duty of care to ensure the safety of all passengers and members of staff. Unfortunately, accidents can occur when this duty is breached, resulting in injuries for which you may be entitled to compensation. Examples include slips, trips and falls, criminal assaults, food poisoning, and elevator accidents.
To find out if you can start a train station accident claim, do not hesitate to call 0800 470 0474 or enter your contact details to request a call back. You will receive free legal advice, and if your case has merit, a personal injury solicitor will take on your compensation claim on a no win no fee basis.
Duty of care of train station operators
Under the Occupiers Liability Act 1957, the party in control of a train station must ensure that all visitors are reasonably safe when using it for its intended purpose. Their duties include:
- Maintain the premises in a reasonably safe condition. Keep platforms, waiting areas, elevators and other facilities clean, well-lit, and free from hazards such as spills or debris;
- Put in place appropriate safety measures to prevent accidents and injuries. That may include installing handrails, non-slip flooring, warning signs, barriers, and other safety features;
- Have adequate security measures in place to protect passengers from criminal activities such as theft, assault, or vandalism;
- Ensure that train stations are accessible to all passengers, including those with disabilities or mobility issues;
- Provide clear and accurate information to passengers about train schedules, platform locations and other relevant information.
By fulfilling these duties, train station operators can help ensure the safety, security, and comfort of all members of the public. Failing to do so can result in personal injuries and train station accident compensation claims.
Am I eligible to make a train station injury claim?
If you were injured in a train station, you may be eligible to make a no win no fee claim for compensation. Before taking on your case, a personal injury lawyer will verify whether:
- Someone else owed you a duty of care;
- They breached this duty through their actions or omissions;
- You had an accident at a train station because of their negligence;
- You suffered an injury or injuries as a result.
Your solicitor will be able to prove a legal duty of care based on the relevant legislation. Once this and a breach of duty are established, they will contact the other side and inform them of your intentions to start a personal injury claim. They will also start gathering all the evidence you need to support your claim and improve your chances of winning train station accident compensation.
What evidence is needed to support a train station compensation claim?
If you want to make a claim for an accident, you need relevant proof to show what happened and whose fault it was. You must also have evidence of the losses you incurred as a result and how these have affected your life. Your solicitor could use the following to support your train station injury claim:
- Photographs or videos of the accident scene, including any hazards such as wet floors, broken stairs, poor lighting, or defective equipment;
- Pictures of your injuries and the healing process;
- Evidence of all treatments, diagnoses and prescriptions related to your injuries, such as doctor’s notes, hospital records and X-rays;
- A signed copy of an accident report filed with the train station operator, which should include the date, time and details about the incident;
- Statements from witnesses who saw the accident or the conditions that led to it can help corroborate your account of the events if the other side denies liability;
- Your account of the accident, as well as the injuries and losses you suffered as a result and its impact on your daily life;
- Records of the train station’s safety protocols, maintenance, and inspection schedules can help prove negligence;
- You should also keep receipts and invoices for all financial losses related to the accident. These can include medical bills, travel costs for medical appointments, and any other out-of-pocket expenses.
What are the most common types of train station accident claims?
Train station accident claims can arise from various types of incidents and hazards that passengers and employees might encounter, such as:
- Slips and falls. Such accidents can be due to wet or slippery surfaces that haven’t been adequately cleaned or marked with warning signs.
- Trips and falls. Trips and falls can happen if you stumble over uneven flooring, loose tiles, potholes or objects left in walkways.
- Platform accidents. You may fall from the edge of a platform or get caught in the gap between the train and the platform, with devastating consequences.
- Escalator accidents. If escalators and elevators in train stations are not adequately maintained, accidents can result from sudden stops, malfunctions, or entrapment in moving parts.
- Falling objects. Injuries may occur from falling fixtures, such as lights or signs that fall due to poor maintenance or installation.
- Criminal assaults. Unprovoked assaults or other violent acts at a train station can result in physical injuries as well as emotional trauma.
- Defective equipment and facilities. Broken seating, malfunctioning doors, and other faulty equipment can injure passengers or staff.
- Train accident claims. You may also sustain injuries while getting on or off a train, such as getting caught in closing doors.
- Food and beverage hazards. Hot or contaminated food and drinks can also harm passengers, resulting in burns, food poisoning or other illnesses.
- Electrical hazards. Exposed wiring or faulty electrical installations can lead to electric shocks or burns.
- Overcrowding. You may also suffer injuries from being pushed or trampled in overcrowded areas.
What are the most common injuries sustained in an accident at a train station?
Accidents at train stations can lead to various injuries and illnesses for which you may be able to claim compensation, including:
- Cuts and lacerations can occur from falls, sharp edges or broken parts of equipment at a train station.
- Sprains and strains are common when you trip over uneven surfaces or obstacles, leading to twisted ankles or wrists.
- Broken bones can result from slipping on a wet floor or a collision with a moving train.
- Head injuries, including brain trauma, can happen if you hit your head on the ground or against hard surfaces during a fall.
- Neck and back injuries can be due to manual handling, sudden movements or impacts during a fall.
- Crush injuries can happen if a limb gets caught between the train and the platform edge or from stampedes due to overcrowding.
- Burns and scalds can occur if hot beverages or food are spilt on you or if you suffer an electric shock.
- Internal injuries may result from severe impacts during an accident at the train station.
- Infections can be due to exposure to unsanitary conditions or could develop following a deep cut or laceration.
- Food poisoning can happen if you consume contaminated food or beverages purchased at the station.
- Allergic reactions might occur if you come into contact with chemicals used in the station or consume improperly labelled food.
- Amputations can be a tragic result of severe accidents, such as limbs being caught in machinery or under a train.
- Psychological trauma, including anxiety and PTSD, can develop after experiencing or witnessing a traumatic incident at the train station.
Do not hesitate to call 0800 470 0474 for a free case assessment to find out if you can claim financial compensation for your injuries.
Can I make a claim for an accident as a train station employee?
Under the Health and Safety at Work Act 1974, your employer must take all reasonable measures to keep you safe from harm. If they failed to do so and you were injured while doing your job, you may be eligible to make an accident at work claim. Your employer’s duties include:
- Conduct regular risk assessments to identify potential hazards in the workplace;
- Implement measures to mitigate or eliminate these risks;
- Establish safe work practices and procedures;
- Keep a clean and safe working environment that is free of hazards that could cause accidents;
- Ensure that all equipment, machinery, and infrastructure are regularly inspected, maintained, and repaired to prevent accidents and injuries;
- Provide adequate training to employees on health and safety measures and the use of equipment;
- When necessary, supply appropriate personal protective equipment (PPE), such as high-visibility clothing, gloves, and safety footwear;
- Ensure safe handling, storage, and disposal of hazardous substances to prevent exposure.
If your employer breached their duty towards you, it is your legal right to make a train station accident claim. You cannot be sacked or disciplined in any way for seeking compensation. If this happens, you can make a further claim at an employment tribunal.
Can I claim compensation on behalf of a loved one?
If someone you love had an accident in a train station and cannot handle a legal case alone, you may be able to claim on their behalf. To do so, you must apply to the court to be named as their litigation friend. This process is typically used when the injured party is under 18 or an adult who lacks mental capacity due to a condition such as Down syndrome, autism or dementia.
As a litigation friend, you will have several responsibilities, which include:
- Make decisions about the claim that are in your loved one’s best interests;
- Pay any fees requested by the court;
- Attend court hearings;
- Meet with solicitors and take legal advice;
- Consider any train statin injury compensation offers from the defendant.
If you settle a claim on behalf of a child, you must go to an Infant Approval Hearing in court. If the judge approves the awarded settlement, the money will be held in a court bank account and released to the child on their 18th birthday. Your solicitor can also help you set up a personal injury trust on their behalf.
You may also be eligible to claim compensation if you lost a loved one due to someone else’s negligence. In this case, you could make a claim for the financial support expected from your loved one and the loss of services they provided, such as childcare. You may also be entitled to a statutory bereavement award of £15,120 for your grief and suffering.
Is there a time limit to make a personal injury claim?
Under the Limitation Act 1980, you have three years from the date of your accident to start a personal injury claim. Nonetheless, you should seek legal advice as soon as you can. This way, it will be easier for your solicitor to gather the necessary evidence and build a strong claim for a train station accident. There are some exceptions that may apply, such as:
- A parent can start a child injury claim at any time before their 18th birthday. Afterwards, they will have until 21 to claim compensation.
- There is no time limit if the claimant does not have the mental capacity to handle the claims process. This could be due to PTSD, a brain injury or a pre-existing condition like Alzheimer’s.
- There is a two-year time limit to start a claim through the CICA if you were the victim of a criminal assault in a train station.
How much compensation could I claim for a train station accident?
The amount of compensation you may be awarded for a train station injury claim will depend on your specific losses. Your solicitor will work hard to secure the maximum amount on your behalf. Your settlement will include two types of damages:
- General damages are awarded for the subjective losses caused by your injuries. These are difficult to quantify precisely and can include physical pain, suffering, emotional distress, loss of amenities, or reduced quality of life. General damages are based on the guidelines from the Judicial College and can range from a few hundred pounds for whiplash to more than £400,000 for a very severe brain injury leading to a vegetative state.
- Special damages compensate for specific, quantifiable financial losses incurred as a direct result of the accident. They typically cover medical expenses, lost earnings, damage to personal property, travel expenses to medical appointments, and the cost of care and assistance during recovery. Special damages are usually more straightforward to calculate as they are based on evidence such as receipts, payslips, invoices, and bank statements.
Do personal injury solicitors work on a No Win No Fee basis?
The solicitors we work with always offer a no win no fee service to anyone with a fair chance to make a successful claim. Therefore, if your case has merit, you can start legal proceedings without paying any upfront fees or risking losing a single penny.
If you win train station injury compensation, your solicitor will receive a success fee for the risk they took by offering you this service. This fee is pre-agreed from the beginning and is capped at 25% of your settlement. If your case fails, you do not have to pay them a single penny.
Additionally, the After the Event (ATE) insurance policy included in your agreement offers further peace of mind. If you lose the claim, it will cover the costs and disbursements incurred during litigation, such as medical reports and court fees. Furthermore, it will also pay for the defendant’s expenses and solicitors, so you will not be left out of pocket.
If you had an accident at a train station and want to explore your legal options, call 0800 470 0474 today or use our online claim form to request a free case assessment.