Is it possible to make a DART injury claim for slipping on rubbish on the train? I slipped and broke my forearm when I fell.
It is possible to make a DART injury claim for slipping on rubbish on the train, although only if it can be established and proven that the presence of rubbish on the floor represented a failure in a duty of care and negligence of Irish Rail.
Irish Rail has a legal responsibility to ensure that passengers can travel on its trains without being placed at an excessive risk of injury by doing so. This includes the provision of a reasonably clean train, although Irish Rail cannot be held liable for all accidents which result from rubbish dropped on the train floor by passengers. Only if the rubbish had been present on the floor for an unacceptable period of time would it represent a failure in a duty of care.
If the train was particularly dirty it suggests that routine cleaning had not taken place. This could represent negligence and could give you grounds to claim compensation for an injury on the DART. However, if litter had only recently been dropped on the floor, it may be unreasonable to have expected the train to have been cleaned in time to prevent your slip and fall. If cleaning could not have taken place under the circumstances in time to prevent your accident, you would not be able to make a DART accident compensation claim for your slip and fall.
Claiming train injury compensation for a slip and fall on rubbish has potential to be complicated, as you must be able to prove – with the assistance of a personal injury solicitor – that the accident was the fault of the Irish Rail staff. It is therefore strongly recommended that you contact a personal injury solicitor to discuss making a DART accident compensation claim.
A solicitor will assist you with the collection of evidence to support your claim for train injury compensation, such as obtaining a copy of onboard CCTV camera data of the accident. This data may also be useful in establishing the train had not been cleaned recently and that the safety of passengers was jeopardised as a result. It may also be possible for a solicitor to obtain a copy of the train’s cleaning records from Irish Rail to further substantiate your claim.
If you were able to record the contact details of eye-witnesses to the accident or fellow passengers who could confirm that the train was particularly dirty, their statements would also be taken to support your claim.
After a consultation with a solicitor you will be advised of the strength of your DART injury claim and the probability of you being able to recover compensation for an injury on the DART against Irish Rail’s public liability insurance policy. You should also be given an indication of the level of compensation that you will be entitled to claim for your broken arm.