Train company looking to appeal drunk passenger compensation (From Richmond and Twickenham Times)

Train company looking to appeal Gunnersbury drunk passenger compensation

4:20pm Thursday 13th November 2008 in News By Joanna Kilvington

Gunnersbury station

A train company is considering lodging an appeal after a High Court judge ruled that a drunken student who fell in front of a train at Gunnersbury station had the right to claim a six-figure sum in compensation.

Paul Collins-Williamson, from Isleworth, toppled into a gap between the train and the platform as he drunkenly walked alongside the train, slamming on the windows and doing Ali G impressions.

His injuries were so severe his left leg was amputated and he lost fingers from his left hand after being dragged under the train as it left the station on June 11, 2003.

On Friday, Judge John Reddihough QC told Silver Link Trains Ltd that it held 50 per cent of the responsibility for Mr Collins-Williamson’s accident.

He ruled the company – which denied liability – failed to ensure a safer system to prevent such hazards was in place and the guard should have had an “openable” window in his carriage which would have allowed him to see if passengers were in trouble right up to the moment of departure.

He said: “In that regard it (Silver Link) failed to measure up to the appropriate standard of care and was negligent.

"The guard should have been checking the platform right up to the moment when he finally boarded the train, especially bearing in mind the gap at this station."

Mr Collins-Williamson, now 32, from Turnpike Way, had been fooling around on the platform when his legs gave way underneath him and he fell on to the track.

His fall unnoticed, the guard gave the signal for the train, despite onlookers attempts to stop it.

However, Judge Reddihough found Mr Collins-Williamson had to bear an equal portion of responsibility for the accident, for engaging in “foolhardy behaviour” when he was near the edge of the platform.

Hannah Rutterford, partner for solicitors Kester Cunningham John which brought the case to court on behalf of Mr Collins-Williamson said: “We got the best result we could have hoped for.

“If my client’s accident could have been prevented by better safety procedures then we need to ensure that all train operators have taken appropriate measures to minimise the risks and to maximise the guard’s ability to check that the track is clear, so that no one else suffers a similar fate. ”

It is believed the train operator’s instructing solicitors Weightmans are planning to lodge an appeal, although permission was refused at the trial.

Transport for London, which manages Silver Link Trains as part of London Overground, said it was not in a position to comment as the incident occurred prior to it taking over the firm.