Yesterday my mum boarded a train and she slipped as soon as she got on because the floor was pretty wet.
She fell, fractured her femur bone pretty badly, laid on the floor until the next station when 2 men had to carry her out as she couldnt move. They're gonna have to operate on her. She's in agony now and they'll have to put permanent pins inside her leg as part of the surgery.
Is this something I can take Sydney Trains to court for compensation? Appreciate any advice I can get.
You need a no win, no fee lawyer. You need written statements from everyone and contact info of wittness
they dont give away a cent for free and have lots of lawyers on retainer and yours might be one of hundreds over a wet week
There would have to be some sort of public liability insurance for this very situation. At the very least you’ll be able to get all medical costs reimbursed. Then you can potentially speak to a personal injury lawyer about compensation.
I think you should sue God for making it rain in the first place.
Everyone wants a buck these days
I hate to say this, but you are a lawyers wet dream!
There would be camera everywhere and obviously independent witnesses, so if it can be shown there was standing water on the ground…you get a settlement easy. No need to even go to court. They will just cover the hospital costs and offer an additional lump sum.
Sue Sydney Trains for not providing cotton wool for everyone to wrap themselves in when it rains.
https://www.bordermail.com.au/story/1137916/council-pays-out…
What a load of absolute shit.
Trees drop stuff, water falls from sky, ground naturally gets uneven.
Get off your phone & watch where you are walking?
Just a general rant on the poor culture of people suing for stupid things in the modern era.
This seems like a case that they may be liable for, but I would contact a solicitor. Maybe not those "compensation lawyers" that are all over the airwaves these day though.
Hopefully speedy recovery for her but hell she's going to be in pain for a while. I have one of them pins in my femur as well, was stuck in the hospital for a week before discharged, ibuprofen and other pain killers will be her friend and absolute ruining her gut floor then here comes the physio for another year or two. The only positive out of this was getting a disabled parking permit for 6 months.
Worry about compo later when there's more trouble ahead.
Good luck OP.
Honestly, that is one thing that is wrong with Australia. Everyone always tries to find someone who is at fault. And if there is no one who is at fault, the government is. It was an unfortunate accident, nothing more.
today: give people compensation for slipping on a wet day
tomorrow: all trains massively delayed because of cityrail insurers saying that overly wet trains need a longer dwell time for wiping down
Every case is so different. You're best of just making an inquiry with a personal injury lawyer, no win no fee. They don't charge anything for the consult. And most have an online form you can fill out and they get back to you very quickly and tell you what evidence you'll need to gather and whether or not they think you have a case or not (otherwise they wouldn't waste their time on you..)
Unfortunately, i don't think you can sue Sydney trains for breach of duty of care. As Sydney trains are the occupier of the land (station) where the accident occurred, they do have a duty of care. However, liability does not extend to them if the duty is to protect against harm inflicted by a third party. The third party in this case is the rain which caused the platform to be wet.
I would try to consult with a solicitor but i think there might be a low chance of getting compensation from Sydney trains as this was just an unfortunate accident. I do hope your mother has a speedy recovery.
What are you actually even trying to sue for? Does she not have insurance/medical coverage? Is she going to have some kind of permanent injury from this (ie loss of movement)? Emotional damages?
I don't think there's punitive payouts for personal injury - you have to actually show damages…
I wouldn't doubt it would be possible to sue, but if you've had no real loss (ie she has insurance and mobility is similar after procedures completed), you have nothing really to sue for…
He wants to milk this for everything it's worth
OP is looking to cash in?
100%
Very sorry for your mum’s accident. I find that taking a train requires a significant degree of caution as there are inherent dangers. Some of these dangers cannot be avoided, educating the public is the most practical means of minimising the danger, hence the signage and regular announcements. For example keeping behind the yellow line, minding the gap, holding onto hand rails, bracing yourself as the train starts, stops, increases speed, boarding and alighting the train in an orderly manner. Wet surfaces due to rain will obviously exaggerate some of these hazard and require even greater care. Mitigating factors would be the type of footwear worn and if people are rushing to board the train also play a role. Personal care and responsibility is high up the list, similar to crossing a road or driving a car appropriate to the conditions.
The other day, it was raining on the road while I was driving. I was driving my usual distance from the car when it's not raining, however, the car in front suddenly stopped and I reared end them. My insurance had to pay for damages, but, I think I will sue VIC roads for compensation because they did not have signs saying drive caution when roads are wet******sarcasm*****. This is what OPs post sounds like.
Obviously, I think OP was looking for comrpsantion because of medical bills, but we're lucky, in Australia, Medicare pay for a large chunk of it. OP should be happy that it did not end up worse (aka living in amurica = no Medicare)
However, I think OP would not be seeking for compensation if the mother did not injur herself. I think emotions are clouding Ops judgement right now.
Whilst we aren't as bad as America, healthcare is still shit here for a first world country.
I recently badly I justed myself in a bicycle accident.
On the night in the ED they weren't sure if they would be able to get my hand fracture stable and I was being asked if I could call someone to come and drive me to the base hospital that is one hour away because otherwise it will take hours before they can transport me.
I was discharged that night from hospital with both arms incapacitated and zero offer for any sort of in home assistance despite knowing I lived alone and am new to the area with no one to assist me.
It then took over a week before I was actually seen by a specialist and given a proper cast. Expected to make my way over 100km away to the base hospital on my own accord with basically zero practical public transport options.
Zero assistance in terms of physio for managing the recovery of my dislocated shoulder.
Looking like also zero assistance in terms of occupational therapy to manage the recovery of my fractured hand too.
So at the end of the day I will still be left with a significant bill to foot, despite everyone claiming Medicare pays for it all….
Oh and with a fractured femur at the age of 66, Ops mum is gonna have a much harder and more costly recovery process than me.
Do you live in a rural area?
I would call it regional.
@stewy: No offence, but anything thats due to you living in a regional area and living alone/new to area, isn't the hospitals fault. If you had lived in the city, it would be different.
@Ughhh: So what regional citizens are second class citizens that don't deserve the same ease of access to essential services like basic medical treatment?
Seems though the Governments have no issues taxing the shit out of the regional industries and then funnelling the money back to the capital cities…
What's the difference between a young person with mobility issues due to injury and a older person with mobility issues due to age?
Do you propose we shut down all Government funding to nursing homes because it's not the Government's problem that these people aren't being cared for back in the community by their families?
@stewy: I never said anything about who deserves what more.
Do you think it makes sense to buy expensive specialist medical equipment and hire specialist, that'll be used maybe 90% less than more populated areas?
What's the difference between a young person with mobility issues due to injury and a older person with mobility issues due to age?
Lets stay on topic.
Do you propose we shut down all Government funding to nursing homes because it's not the Government's problem that these people aren't being cared for back in the community by their families?
Can we stay on topic rather than making up scenarios?
Theres reasons why some suburbs/cities are worth more than others.
Medicare pays for theatre fees, surgical fees and accommodation fees when admitted as an in-patient at a hospital. From the sounds of it, since you were discharged from ED, any further treatment is deemed as outpatient treatment. This includes seeing the specialist, any form of rehab and the physiotherapy, if you want these covered, you will need top cover private health insurance.
I can't blame you for not understanding how medicare work, but, at the same time, you should not think medicare as an entitlement, but an extra benefit for being an Australian citizen. Do not rely on it, but rather have it as a back-up. Rely on yourself first, have a loved one/favourite uber or taxi on speed dial, have money saved for emergencies or have private health insurance.
It is easier to blame medicare for not providing you the needed assistance. At the same time, you should be blaming yourself for being ill prepared.
The next time your house is on fire, and, someone gets injured, don't blame the "tax" dollar subsided fireman, instead blame yourself for not having a fire evacuation plan.
No, I firmly believe (and have always believed) that free universal healthcare is a basic entitlement that all Australian citizens should be afforded regardless of their financial status.
You'd do well in the Liberal party though with that sort of attitude towards healthcare.
As for your comments that I don't understand how Medicare works, that couldn't be further from the truth. I understand how it works and as I stated healthcare in this country is shit given the wealth we have.
The people that don't have a clue are the ones crapping on about how lucky the OP's mum is that we have Medicare because it will leave her little out of pocket.
Regarding your comments on savings and PHI, I have both. So thanks for your incorrect assumptions and lecturing.
@stewy: I work in the health industry. The reason I gave you my two cents about health care, is to show you how it works and why it doesn't fund everything. At this point of time, the public system can't support hospitals at all. It is under a lot of stress. I can guarantee it in a few decades, Medicare won't fund anything, so you are lucky.
Doctors, nurses work like slaves, doing crazy hours for no overtime pay or sleep. I seen patients have a double lung transplant, paid 0 dollars, 2 days later, I see them smoking outside like a chimney. This happens when people treat health care as an entitlement. This patients was not grateful about anything, she even had the nerve to complain that the new lungs weren't that great, and I quote "it still hard to breath". To me, those lungs could have saved two people, but nope, it gets wasted in this entitled human being. Terrible mindset to have.
And I believe education should be an entitlement, it use to be free 30 years ago, for anything. Now it cost 50k. I ain't complaining, i worked 3 jobs, to get through uni. Baby boomers had it good. But I ain't complaining, I know I won't get the pension either as it will be phased. But I ain't, complaining, I am saving money to compensate for no pension. All I am saying is change your mindset or perspective, don't treat handouts as an entitlement. If it was a basic human entitlement, every one, in every country would have the same damn thing, but this is not the case.
Seek professional advice. Do NOT rely on forum advice. Find a no win no fee lawyer so you have no costs. They will experience with this sort of thing and can tell you pretty quickly the likelihood of success and if you have a case.
Looking at photos of Sydney trains, the floors look like the normal black coating you see on public transport. It is pretty grippy.
If your mum slipped on that stuff, might I suggest she get some shoes that have some actual grip, to prevent future incidents.
This part isn't directed at your mum (nor do I know what she was wearing) but a personal observation, the amount of women I see in ballet flats slipping all over the place in wet conditions or when they are objects on the ground (gravel, hard pack dirt, nuts/seeds, etc), is seriously stupid.
As for my personal opinion on whether she could claim compensation or not, no, I don't think she can. Sydney trains have provided a non-slip surface, with hand rails/grips around. It is not reasonable for them to have to keep the floors dry when there are thousands of people walking onto them with wet shoes.
Any update OP?
With shittyrail knowing their past track record they don't compensate fares on delays or major disruptions yet alone compensate someone slipping over the floor. You need evidence and lawyer. Likely look into duty of care by your mum and signage and whether Sydney trains did what they are supposed to under these conditions. It might be considered as a accident and they might not have to pay you anything otherwise you might need to go through very lengthy process to get something out of them.
Cityrail and Sydney trains = shittyrail we all know it
It had not changed to better for all 3 decades in my life