WA women launches public liability case

Date: May 27, 2014

A Western Australian women is suing the Public Transport Authority for negligence after she was seriously hurt at a railway station.

The incident happened on the platform at the Esplanade railway station in early February, where Pamela Jones, 57, and her sister were travelling home after a bingo event at the Perth Exhibition and Convention Centre.

According to her claim – reported in The West Australian – the platform was overcrowded and guards told her “don’t worry about tickets, just go down the escalators’.

Ms Jones alleges the guards told patrons to “rush” down and that the authority breached its duty of care to passengers by not having an emergency stop system in place to limit numbers on the platform.

On arrival to the platform, those inside could not move out of the escalator causing chaos at the bottom. As a result of the pressure behind her, Ms Jones got her foot stuck in the escalator and broke her ankle. Another 13 were also injured in the human pile-up on the platform.

Ms Jones had surgery to repair her ankle and was unable to work for three months. She is suing the Public Transport Authority for up to $50,000 in lost wages and medical bills as well as her ongoing pain and suffering.

She has also had to take money out of her superannuation and get loans from friends to cover medical bills.

This case is similar to one reported last year in Queensland’s Courier Mail.

In December 2010, 74-year-old Grahame Cornick broke his leg onboard a tilt train when it accelerated away from the Bundaberg train station.

On his way back to his seat from the bathroom, Cornick fell fracturing his thigh bone. He took the matter before the Rockhampton District Court claiming more than $200,000 in damages from Queensland Rail.

He claimed that Queensland Rail had neglected their ‘duty of care’ to passengers and that his injuries were a result of the company’s negligence.

Public liability claim in NSW

If you suffer a slip and fall injury in a public place, and you believe that the owner or a third party was responsible, you may be eligible to make a public liability injury claim.

To support your claim, you must have evidence that the situation was dangerous and that the employees or the owner neglected their duty of care responsibility.

For assistance in making a public liability injury claim, contact a compensation lawyer at Gerard Malouf Partners today.

Call us now on 1800 004 878 to book a free appointment with one of my compensation experts, or email your enquiry.