Case Study: Baggage Falls on Passenger on Train

A young woman contacted us because she wanted to make a claim after sustaining injuries on a train just outside London.

She told us that on the morning of her accident she caught the 7.43 am train from Crawley to London Victoria, as she did every morning, and found herself a seat in the corner of one of the carriages. She sat back and in between reading her novel she watched as the seats began to fill up.

Travelling on an increasingly crowded train

As more and more people crowded into the carriage it became increasingly difficult for them to manoeuvre around one another. One man got onto the train with a holdall and as he didn't have enough room to hold onto it and there was nowhere to put the bag at his feet, he had to find somewhere else to put it. After taking a look around he saw that there was an empty baggage compartment above our client's head and reached over to sling the bag up into the basket which creaked under the strain and proceeded to come away from its fittings.

Knocked unconscious by a falling basket

It landed on top of the passengers that were sitting directly beneath, the young woman and an older business woman. It knocked the young woman out and when she came round there was blood pouring from her head. Someone had called for the guard who was standing over her, holding a tissue to her bleeding head. He decided that she should get off at the next station, Clapham Junction, and called ahead so that there would be a first aider to see to her head injury.

Taken to hospital for treatment

When the train arrived at Clapham junction, the young woman who was feeling dizzy and unsteady on her feet was escorted from the train by the guard. He accompanied her to the first aider who was there to meet them and our client was taken to hospital. She was treated by a doctor who told her that she had not suffered a serious head injury but injuries of this kind always bleed excessively, especially as it seemed that the sharp edge of the metal basket caught the side of her head as it fell. He said that brain damage or any other serious complications were unlikely although she may continue to experience severe headaches, dizziness, blurred vision and nausea for a prolonged period of time.

Making the decision to claim for her injuries

When she arrived home later that afternoon, she told her boyfriend about the train accident and showed him her head injury. He suggested that she make a claim against the train company for her passenger injuries. He went online, found our website and said that she should send us an email. We received her email which outlined the type of accident that she had been involved in and the passenger injuries that she had sustained and we rang her back the very same day.

We explained in plain English, without using complex legal jargon, the ins and outs of the claims process.

YouClaim handled the case successfully

We went ahead with the claim and the solicitor appointed built a strong case. The train company were shown to be responsible for the young lady's personal injuries as they had violated more than one health a safety regulation. They made an offer of £5,250 to cover both general damages and special damages such as the young woman's lost earnings, medical expenses and travel to and from the hospital

Contact us if you have been injured on a train

If you have been injured whilst travelling on a train or other forms of public transport, we can help you to claim compensation for pain and suffering, lost earnings, medical expenses and belongings lost at the time you were injured.

Think you have a claim? Get in touch today on 0800 10 757 95 or read more here.