Can I make a claim for an accident in a railway station? I slipped and fell and fractured my hip on ice at the entrance.
Railway station compensation claims have potential to be highly complicated, as in order for a claim for an accident in a railway station to be successful, you must be able to prove that the station management has been negligent.
The presence of ice and the fact that this caused you to slip and fracture your hip does not automatically give you the right to claim for a railway station injury. However, in railway station compensation claims it may be possible to seek compensation if you can demonstrate that the station manager failed in a duty of care to allow you to use the station reasonably safely – and it can be established that action should have been taken to prevent the formation of ice at the entrance to the train station.
A duty of care is a legal term used to describe a responsibility to others to take all reasonable practical steps to prevent a foreseeable accident from occurring and an injury being sustained to an innocent third party. Occupiers of public buildings are bound by the Occupiers Liability Act (1957) to ensure buildings and grounds can be used ‘reasonable safely’ by visitors.
This duty of care also applies to the entrance to the station. Due to the risk of slipping and falling on ice, station managers should follow the weather reports to be aware of particularly cold spells and prolonged sub-zero temperatures. You may be entitled to claim for a railway station injury if the manager failed to do this.
If ice and snow were forecast, the station manager should have made sure sufficient levels of rock salt and grit were available to cover the entire cold spell. Grit or rock salt should have been applied to the entrance to the station as a priority if there was a risk of ice forming. Gritting should have continued throughout the day if necessary, to reduce the risk of passengers slipping and falling. A failure to grit could be grounds for making a claim for an accident in a railway station.
Ensuring the station entrance was safe should have been a priority and you may be able to claim for a railway injury if this was not done. The entrance should not only have been gritted before the station opened for business, but also throughout the day if the conditions demanded this. A failure to do this would be classed as negligence and a claim for an accident in a railway station should therefore be possible.