5. I was a passenger and I was injured as a result of an accident that happened on a railway platform. Do I have any grounds to claim against the railway company?

5. I was a passenger and I was injured as a result of an accident that happened on a railway platform. Do I have any grounds to claim against the railway company?

It depends on the circumstances of the accident and the burden of proof lies on the plaintiff (that is you, in this case) to establish that the railway company had failed to take such care as in all circumstances of the case to see that you were reasonably safe in using the platform as a passenger.

In determining whether or not the occupier of a premises has discharged the common duty of care to a visitor, regards must be given to all the circumstances, so that where damage is caused to a visitor by a danger of which the visitor had been warned by the occupier, the warning is not to be treated by itself as absolving the occupier from liability, unless in all the circumstances it was enough to enable the visitor to be reasonably safe.  In other words, the occupier may not be able to escape from liability if the relevant warning sign / warning notice / verbal warning announcement was not clear and adequate with regard to the whole situation.