Irish Rail has ‘absolute duty’ to warn about gap
Circuit Court president Mr Justice Raymond Groarke made the remark after hearing a legal action by fisherman John Mooney against Irish Rail for a triple fracture he suffered on his right shoulder when he fell though the gap between the train entrance and the platform at Tara Street Station in Dublin.
Mr Mooney told the court that on August 2, 2012, he was travelling on a train from Dún Laoghaire with the intention of getting off at Connolly Station in Dublin. He dismounted at Tara St by mistake and when he realised his error, he tried to reboard. However, he slipped and fell through the gap. Conor Bowman SC, counsel for Mr Mooney, said his client suffered a triple fracture but hauled himself out of the gap and aboard the train. He reported the matter to Irish Rail staff when he got off at Connolly Station.
Irish Rail denied liability and claimed Mr Mooney had been distracted and had failed to look where he was going. It alleged the CCTV footage of the incident had been destroyed because it “showed nothing”.
Mr Mooney, of St Michael’s Terrace, Dún Laoghaire, Co Dublin, said he had needed to return home that day due to pain in his shoulder. He had attended St Michael’s Hospital, George St Lower in Dún Laoghaire the next day where X-rays revealed the fractures. He said he had ongoing pain in his shoulder.
Mr Bowman said Irish Rail accident reports showed 11 accidents involving people falling through a gap had happened in the five years before Mr Mooney’s accident.
Counsel said once Mr Mooney had bought his ticket, he was entitled to travel safely and that obligation had not been met by Irish Rail.
Judge Groarke, hearing that train drivers were responsible for delivering an audio warning to “mind the gap”, said he was satisfied there had been no evidence that in this case the driver did so. He
said he was satisfied Irish Rail was negligent. Initially awarding Mr Mooney €50,000 damages, Judge Groarke said he should have been more careful and was 50% liable. He reduced the award to €25,000.
