Is it possible to make a claim for slipping on a Luas tram? The floor of the tram was slippery and I broke my arm when I fell.
Eoin P. Campbell, LL.B., Solicitor
Editor in Chief
It is possible to make a claim for slipping on a Luas tram if the floor was excessively slippery, although making a claim on these grounds is likely to be complicated. The reason for this is that in order to make a claim for a slip on a Luas tram it must be established and proven that your slip and fall resulted from negligence of the Luas staff.
The tram operator owes a common duty of care to all passengers, and under this duty of care all reasonable steps must be taken to ensure that the trams are safe and are kept reasonably clean. If the staff breached this duty of care, a claim for slipping on a Luas tram should be possible.
However, the duty of care owed to passengers in not absolute. The tram staff cannot be expected to identify spilled drinks and other slip risks the second they appear, and a reasonable amount of time must be allowed for the tram to be inspected for potential hazards. If the floor was wet due to snow brought on passengers’ shoes or because it had been raining, a claim for Luas tram accident compensation may not be possible. It would be unlikely that this would represent a failure in a duty of care. A claim for a slip on a Luas tram can only be made if the accident could have been prevented, and if action should have been taken to make the tram safe under the circumstances.
Your claim for Luas tram accident compensation must be supported by proof of negligence. If you were able to record the contact details of eye-witnesses to the accident, statements can be taken in support of your claim. If eye-witnesses can confirm that the floor of the tram was dangerously slippery it would be of great benefit to your case. Since Dublin trams have on-board CCTV cameras, it may be possible to obtain a copy of the camera data to help establish that the tram was dangerously slippery, and that the staff were negligent for failing to address the issue.
Because your claim for a slip and fall on a Dublin tram is likely to be complicated, it is essential that you seek legal advice from a personal injury solicitor about making a legal claim against the train operator’s public liability insurance policy. A solicitor will assist you with collecting evidence of negligence to support your claim and will ensure that, if a claim is possible, the strongest possible case against the tram company is prepared.