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Faulty Equipment on Train Causes Personal Injury

5th June 2009

A rail employee injured in an accident at work made a successful compensation claim against her employer, with the assistance of our expert personal injury solicitors.

Defective Work Equipment

In the course of her work as a customer service assistant for a rail company, our client was working in the buffet car of a train during a journey. She was pouring some coffee, when the train made a slight jolt and a nearby drawer flew open.

The drawer struck her knee and caused a personal injury, for which she required medical treatment. She was left with some long term effects and may need further treatment in the future.

Our client was not using the drawer at the time, it had been packed carefully and there was insufficient stock inside to have interfered with the catch. Therefore she could only assume that the catch was faulty.

Claim Against Employer

The injured employee decided to pursue a claim against her employer, as she felt they were responsible for her workplace accident.

They tried to argue that there was no defect with the catch on the drawer and the claimant had packed it incorrectly, however they could not provide any direct evidence that it was actually examined after the accident. It was also conceded that the catches had been modified in 2005 and 2006 because of previous complaints about the drawers opening unexpectedly.

Our lawyers commenced court proceedings and the Judge accepted the evidence of our client. He found that, on the balance of probability, the drawer catch was defective and this caused it to open without warning. Our client was awarded damages in respect of her injuries and related financial losses.

Personal Injury Advice

If you have been injured due to unsafe facilities or equipment at work, or in any other accident caused by the negligence of someone else, you may be in a position to claim compensation.

Contact The Legal Line on 0800 0328511, or by completing a claim enquiry form online, for expert accident claim advice and assistance on a cost free basis.