Williams v Great Western Railway Company

JUDGMENT

Lord Justice Underhill

1. This is an appeal from the decision of Mr Justice Cavanagh in the High Court, Queen's Bench Division, who dismissed the claimant's claim in negligence against the defendant railway company.

2. The claimant, Mr Williams, suffered serious injuries when he fell from a railway platform at Paddington Station on 15 March 2022. He claims that the defendant was negligent in failing to install adequate safety barriers on the platform edge.

The Duty of Care

3. It is well established that railway operators owe a duty of care to their passengers. The standard of care required is that of a reasonably competent railway operator. This includes taking reasonable steps to ensure the safety of passengers on platforms.

4. The evidence showed that the platform where the accident occurred was known to be particularly busy during peak hours, and that there had been three previous incidents of passengers falling from the platform edge in the preceding two years.

5. Despite these known risks, the defendant had not taken any steps to install platform edge barriers or to increase staffing levels during peak times.

Breach and Causation

6. In my judgment, the defendant was in breach of its duty of care. A reasonably competent railway operator, knowing of the risks identified above, would have taken steps to mitigate them. The cost of installing platform edge barriers, while significant, was not disproportionate to the risk of serious injury.

7. As to causation, the evidence establishes on the balance of probabilities that if platform edge barriers had been installed, the claimant would not have fallen and would not have suffered his injuries.

Conclusion

8. I would allow the appeal. The defendant is liable in negligence. The case will be remitted for assessment of damages.