How To Sue A Railway Station

In this guide, we will look at how to sue a railway station. The Office of Rail and Road (ORR) reported 2,042 mainline accidents in 2020/2021 involving the public. 

How to sue a railway station guide
How to sue a railway station guide

When you’re in a train station, you’re owed a duty of care. This is set out in the Occupiers’ Liability Act 1957. If this is breached in a way that causes injury, you may be able to claim.

Contact our team today for a free consultation with no obligation to proceed.  One of our advisors could assess your claim and let you know whether you have a valid case. If you do, they could connect you with a solicitor from our panel. 

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How To Sue A Railway Station For Personal Injury

This article will explain how to sue a railway station in a personal injury claim. When you’re in a railway station, as in any other publicly accessible space, you’re owed a duty of care. 

This duty of care says that the party in control of the space needs to take all reasonably practicable steps to reduce the risk of injury to those who are using the space for the intended purpose. If you’re in a railway station and you’re injured as a result of negligence, then you may be entitled to claim.

There are other considerations to bear in mind when you’re making this kind of claim. One of them is the time limit that applies to starting a claim. Generally, you have three years from the date of the incident in which to begin a claim. However, exceptions can apply to this. For example:

  • If you’re under 18, the time limit is frozen until you turn 18, at which point you can make your own claim. Before this, you can appoint a litigation friend to claim on your behalf.
  • If you lack the mental capacity to claim, the time limit is suspended unless you regain it. While it’s frozen, a litigation friend can claim for you.

Examples Of Accidents In A Train Station

There are a number of different ways that accidents resulting in injuries can happen in a train station. We have included examples of some below:

  • Slips, trips and falls. These could cause a range of different injuries, such as a concussion or a break or fracture such as a broken cheekbone or broken hip.
  • Falls from a height. Some railway stations operate on two levels. If the stairs were slippery or the escalators malfunctioned as you were using them, then you could be injured as a result; for example, you might sustain a broken rib.
  • Machinery malfunctions. Many train stations use automatic ticket barriers to allow customers through to the platform. If this was to malfunction, for example by closing on you or causing you to fall, then you could be entitled to claim provided it was caused by negligence.
  • Faulty fire alarm. Train stations should have functional fire alarms and systems in place if a fire does break out. If there was no fire alarm or it was broken, and you were burned as a result, then you might be able to claim.

These are just some of the accident types that you could experience because of negligence in a railway station. Get in touch with our team for more information on how to sue a railway station for an injury caused by negligence.

How To Sue A Railway Station For Slips And Trips

To make a successful claim following a slip or trip accident, you’ll need to show that a breach of duty of care caused you to be injured.

Some hazards that may be the result of negligence and that can cause slips and trips include: 

  • Wet platforms caused by spills that were not signposted or cleaned up in an appropriate timeframe. 
  • A lack of signage indicating a high step.
  • Unsuitable floor cleaning solution used; this could result in the floor surface being too slippery.

It’s important to note that not all slips and trips in a railway station could be grounds for a claim. For instance, if you were walking down the platform and fell over a suitcase that had been put in place by another traveller a few moments before, this is not caused by the negligence of the person in control and as a result, you would not be able to claim.

For free legal advice on how to sue a railway station, speak with one of our advisors today.

How Much Compensation Could I Get In A Claim Against A Train Station?

When you make a personal injury claim, you could receive up to two heads of claim. General damages are awarded to compensate you for pain, suffering and loss of amenities. It can be worked out based on the results of a medical assessment that you might be invited to as part of your claim. 

The compensation figures seen in the table below are taken from the Judicial College Guide. This is a document compiling guideline compensation amounts for the general damages head of your claim. 

InjuryCompensation BracketNotes
Amputation of arms (b) (i)Not less than £137,160One arm amputated at the shoulder
Arm Injury (d)£6,610 to £19,200Simple fracture of the arm
Pelvis and Hip Injuries (a) Severe (iii)£39,170 to £52,500Wide range of injuries in this bracket including fracture leading to leg instability, the fracture of a hip requiring a hip replacement, or a fracture necessitating a hip replacement that's only partly successful
Knee Injuries (a) Severe (iii)£26,190 to £43,460Injuries with continuing symptoms by way of pain and discomfort. Risk of degenerative change or limited movement
Wrist Injuries (b)£22,990 to £36,770Injury results in permanent disability but some useful movement
Back Injuries (b) Moderate (ii)£12,510 to £27,760Disturbed ligaments and muscles with backache and soft tissue injuries
Shoulder Injuries (b)£12,770 to £19,200

Dislocated shoulder and damage to the lower brachial plexus
Leg Injuries (c) Less Serious (ii)£9,110 to £14,080Fractured femur that leaves no damage on articular surfaces
Ankle Injury Moderate (c)£13,740 to £26,590Tears to ligaments or fractures. May give rise to instability walking on uneven ground or standing for long periods of time.
Foot Injury (f) Moderate£13,740 to £24,990Metatarsal fractures that are dispersed, leading to significant deformity and continuing symptoms

Special damages are designed to compensate for financial costs or losses attributed to your injury. For examples: 

  • Past and future loss of income 
  • Medical expenses and treatments that you have to pay for 
  • Transport to and from medical appointments, surgeries etc
  • The cost of care if you were unable to look after yourself while recovering

In order to successfully claim special damages, you will need to provide evidence. Proof such as bills and invoices to show what you spent could support this head of your claim.

For more information on the compensation you could be entitled to, speak with an advisor today. They can offer you free legal advice on how to sue a railway station.

Is A No Win No Fee Agreement Cheaper?

No Win No Fee Agreement (NWNF) is an umbrella term that encompasses Conditional Fee Agreements (CFAs). This is an agreement that sets out the conditions your lawyer needs to meet before they’re paid. 

With a CFA in place, you won’t pay your lawyer anything up front or as the claim progresses. In the event that your claim is successful, then you will pay your lawyer via a legally-capped fee. This success fee will be taken from your compensation. If you lose your claim, no success fee will be due.

If you have queries about No Win No Fee agreements, or on how to sue a railway station, contact our team of advisors for a free consultation. 

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Learn More About How To Sue A Railway Station.

We’ve included links to more of our guides that you might find helpful:

How To Sue For An Injury In A Public Place

Explaining The Personal Injury Claims Process

How To Sue A Person Or A Company

If you found these useful, you may want to read these: 

Evaluation of the Railways (Safety Case) Regulations- Health And Safety Executive.  

The Office Of Rail And Roads Strategies and Duties

Royal Society for the Prevention of Accidents 

If you have any additional questions on how to sue a railway station, please don’t hesitate to get in touch.

Article by Wyk

Edited by Sto