Monday 24 July 2017

€25,000 for rail user who fell into platform gap

John Mooney outside the Circuit Civil Court after the hearing yesterday. Pic: Collins Courts
John Mooney outside the Circuit Civil Court after the hearing yesterday. Pic: Collins Courts

Saurya Cherfi

Irish Rail has an "absolute requirement" to warn customers to mind gaps between trains and platforms when getting on and off trains, a Circuit Civil Court has said.

Mr Justice Raymond Groarke made the remark after hearing a legal action by fisherman John Mooney against Irish Rail.

Mr Mooney, of St Michael's Terrace, Dún Laoghaire, Co Dublin, suffered a triple fracture of his right shoulder when he fell through the gap between the train entrance and the platform at Tara Street Station in Dublin on August 2, 2012.

Mr Mooney was travelling from Dún Laoghaire to Connolly Station, but he got off at Tara Street by mistake.

When he realised his mistake, he tried to re-board the train. He slipped and fell through the gap between the train and the platform.

Counsel for Mr Mooney said he managed to re-board the train and reported the incident to Irish Rail staff at Connolly Station.

Irish Rail denied liability, claiming Mr Mooney had been distracted. Judge Groarke said he was satisfied Irish Rail was negligent, but Mr Mooney was partially liable. He was awarded €25,000 in damages.

Irish Independent

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