In August 2012, a fisherman from Dun Laoghaire in Dublin was travelling by train from Dun Laoghaire to Connolly Station, when he mistakenly got off at Tara Street. He realised his error and turned to reboard the train. However, he fell through the gap between the train and the platform onto the tracks below.
The plaintiff climbed back up onto the platform, got back onto the train and continued his journey. He reported the accident at Connolly Station, but had to return home soon after due to pain in his right shoulder. He attended St Michael´s Hospital, where an x-ray revealed a triple fracture.
The plaintiff applied to the Injuries Board but Irish Rail declined its consent for the claim to be assessed. The plaintiff took his claim to court.
Mr Justice Raymond Groarke was told there was no CCTV footage of the accident and also that there had been eleven previous similar incidents in the past five years. But no warnings for passengers to mind the gap had been given by Irish Rail.
Judge Groarke found Irish Rail liable for the plaintiff´s injury. However, the plaintiff had a duty of care to look where he was going. He awarded the Plaintiff compensation in the sum of €50,000 but reduced it by 50% to €25,000 for contributory negligence.
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