[article] Girl (7) awarded €10,000 for being left on Dart train

[Mark Gleeson]

The world has truely gone mad when this kind of payout occurs

Originally Posted by Irish Times

Girl (7) awarded €10,000 for being left on Dart train

A seven-year-old girl, who was accidentally taken for a ride on a train after becoming separated from her mother, has been awarded €10,000 damages against Iarnród Éireann for fear and shock.

The mother, who was left standing on the platform after the train doors had closed prematurely, was awarded €7,500 damages for emotional and psychological trauma.

Judge Alison Lindsay heard in the Circuit Civil Court yesterday that Sarah Flynn, now aged nine, had preceded her mum and two sisters on to the Dart at Tara Street railway station in April 2005.

As Caroline Flynn, Slademore Drive, Ard Na Gréine, Dublin, struggled to board the train with her two other children and a buggy, the buggy had become caught in the closing doors.

She told her counsel, Fergal Sweeney, that she managed to extricate the buggy and had been left stranded on the platform with the remainder of her family while Sarah had been trapped on the train.

Ms Flynn told Gerard O'Herlihy, solicitor for Iarnród Éireann, that she had been reunited with her daughter at the next stop, Connolly Station, some minutes later.

Sarah had been prone to suffering panic attacks and she had feared she would have taken one on the train after having been separated from her family. She had suffered emotional and psychological trauma as a result of having been left on her own when the train moved off.

Ms Flynn told Mr O'Herlihy she had been unable to eat or sleep for a week following the incident and she had vomited off and on several times a day for seven days following the experience.

She said she had lost self confidence and had become unduly anxious about the care and protection of her children.

Mr O'Herlihy told Judge Lindsay that liability had been conceded by Iarnród Éireann.

© 2007 The Irish Times

http://www.ireland.com/newspaper/ire...771863541.html

[Thomas J Stamp]

You are missing the most important bits Mark:

after the train doors had closed prematurely

and most important of all

liability had been conceded by Iarnród Éireann.

So... the lads in Chapelizod obviously read the entire file and saw that the driver or someone did something they were not supposed to do. Wonder what that was?

[Mark Gleeson]

If the train left prematurely the situation would be as follows

1. Someone trapped in the door, train moves off
Or
2. Train moved with door open

If either had happened the rail inspectorate would have been over it like a rash

So does this mean if I get left behind and suffer emotional distress I can sue

[2Funki4Wheelz]

I've been on the Luas twice when this happened - in two ways.
One, a mother got off and the kid didn't, and another where the kid got on and the mother didn't. I very much doubt either of them sued Luas.

I think it's a lot of money for a few minutes of distress but if they admitted liability it's to be expected.

Is there not a noise before the doors close?

(I used to work with people that were regulars on the DART and they were always complaining about the doors being jammed by buggies just as they were about to close.)

[Thomas J Stamp]

Slightly off topic....

One of the most annoying things to suffer on the luas is the jokers who are getting their ticket as the tram loads up. If the ticket hasn't issued the joker just keeps pressing the door open button till his ticket comes out and he hops on. Saw this being done twice successfully the third time the driver obviously over-rode the request, closed the door and moved off.

[2Funki4Wheelz]

still off topic - worse still when it's a group and one blocks the door closing with their body/suitcase whatever to allow other mates on, regular at Connolly/Busaras.

For the DART story with the way things are now, I think you have to (or at least try to) keep a pretty tight grip on your kid at all times.

[Mark Gleeson]

There was a similar story in Drogheda, all hyped up, all kinds of claims of possible injury, demands for CCTV. Train in question, had obstacle detection on its doors, which worked and the doors reopened and after 3 seconds sounded the buzzer again automatically and reclosed and the driver had CCTV

In 2005 only 50% of the DART fleet had warning buzzers and obstacle detection, its 60% right now and 100% when ever Siemens sort themselves out.

[philip]

Why did Iarnrod Eireann go to court if they conceded liability? My company would never go to court to defend a case where it knew it was liable. You just pay out and avoid the barristers fees.

[Colm Moore]

Quantum. Its possible the plaintiffs were looking for much higher amounts.