I was at a train station and as I walked out of the lift to get on the train I slipped on the wet platform. There was no wet floor sign placed out. My legs went under the step of the train and I stopped myself from going any further. I gained gashes on my legs from the incident, which at that point caused me a great deal of pain. I then got up and proceeded onto the train. No-one said anything to me until I got off at James Street Station where the conductor told me to fill in an accident sheet. I filled it in with a man who was quite abrupt with me as it seemed like he wasn’t happy completing the accident form. I answered all the questions but at no point did he offer any first aid. I had to ask for a wipe and plaster myself and he dismissed me without an ambulance. I had to walk down to my workplace, which is a 5 minute walk from the station, to clean myself up and after I did so I then rang a taxi straight away to head to Arrow Park Hospital. I was pregnant at the time so I wanted to see if everything was fine with the baby. I was in and out the hospital for the next 3 days and I’m still going now. Two days after the accident I had a miscarriage. I can’t get myself to go on a train as I’m scared this may happen again and I haven’t been able to go to work since as it’s been hard to walk on my legs and I’ve been in quite a lot of pain because of the miscarriage. I’ve been very distraught about the whole thing. Can you offer me any legal advice?
One Response to “I was at a train station. As I went out of the lift to get on the train, I slipped on the wet platform.”
A claim for this accident could well be brought under s.2 Occupiers Liability Act 1057. This section states that ‘occupiers’ (or owners) of a premises must take all reasonable care for lawful visitors to their premises, as far as reasonably practicable. In this case, this would in the form of providing warning signs, regular cleaning and monitoring. An ‘occupier’ will have a defence to any claim brought against them under the Occupiers Liability Act if they can prove that they have reasonable cleaning and inspection procedures in place, as this will show that they take ‘all reasonable care’. To substantiate such a defence, the defendants will be required to disclose all relevant documentation, such as cleaning records, records of complaint etc. In terms of the miscarriage, this is an issue that will have to be addressed by the medical expert. The expert will be asked to comment on whether on the balance of probabilities, which is the test in civil cases, the fall caused the client to miscarry. If this is affirmed by the expert, then the resultant pain and suffering can be considered when the claim is valued. However accidentcompensation.co.uk is not a solicitors firm and so it is essential that you find a good personal injury solicitor to confirm whether you are entitled to compensation.