When Public Transport Fails: The Role of Occupiers’ Liability in Serious Injury Claims

A Shocking Incident on the Underground

In an incident at High Barnet station, 46-year-old Sarah de Lagarde fell between two stationary Tube carriages, sustaining catastrophic injuries. She was struck by two trains and ultimately lost both an arm and a leg. The accident has drawn nationwide attention, particularly as Ms de Lagarde is now pursuing over £25 million in damages from Transport for London (TfL).

The legal arguments in her case bring Occupiers’ Liability sharply into focus, an area of law that underpins many personal injury claims in public spaces.

Understanding Occupiers’ Liability

Occupiers’ Liability is governed by two key pieces of legislation:

• The Occupiers’ Liability Act 1957, which applies to lawful visitors.
• The Occupiers’ Liability Act 1984, which applies to trespassers or those without express permission.

Under these laws, the “occupier” (the person or organisation in control of the premises) has a duty of care to ensure that lawful visitors are reasonably safe while using the premises for the intended purpose. In the case of Tube stations, TfL is the occupier, responsible for ensuring that the platforms, lighting, signage, gaps between carriages, and safety systems are maintained to a safe standard.

What Went Wrong at High Barnet?

Ms de Lagarde claims the platform was wet and slippery, there were insufficient safety barriers or guardrails, and no adequate warning systems to prevent her from falling into the gap. After falling, she lay undiscovered for around 15 minutes before being struck by two trains.

If proven, this could amount to a serious breach of the duty of care under the 1957 Act. Wet platforms, inadequate lighting, or poorly designed safety systems are all hazards that occupiers are expected to identify and remedy.

Why the Case Is Now at the High Court

Given the complexity of the issues and the severity of the injuries, Ms de Lagarde’s claim is now being heard in the High Court. This is where the most serious and high-value civil cases are dealt with.

High Court claims are typically reserved for cases involving:

• Damages in excess of £100,000;
• Catastrophic or life-changing injuries;
• Complex legal arguments, such as disputes over liability or contributory negligence;
• Public interest or precedent-setting issues.

In this case, TfL is disputing liability and has alleged that Ms de Lagarde was partly at fault for her fall, a legal argument known as contributory negligence. The High Court will assess not only whether TfL breached its duty of care, but also whether Ms de Lagarde bears any legal responsibility for what happened. These are nuanced legal questions requiring expert evidence, thorough case preparation, and representation by experienced solicitors and barristers.

Defendant Strategies: Contributory Negligence

TfL has responded by claiming Ms de Lagarde was partly responsible for her injuries, arguing that she:

• Moved without due care
• Failed to notice the platform edge
• Slipped due to her own conduct.

This is a classic example of a contributory negligence defence. where the Defendant accepts some liability but tries to reduce the damages by claiming the claimant was also at fault. This is where specialist legal support is essential.

How Hopkins Solicitors Help Our Clients in Similar Cases

Our personal injury team has in-depth experience in public liability and occupiers’ liability claims.

In cases like this, we can:

1. Prove Breach of Duty

We investigate how the occupier failed in their legal obligations. This might involve:

• Requesting maintenance and cleaning logs
• Securing CCTV footage
• Consulting with health and safety or engineering experts.

1. Overcome Contributory Negligence Claims

We prepare detailed legal and evidential arguments to:

• Demonstrate the Claimant acted reasonably
• Emphasise foreseeable risks (e.g. wet floor near a gap in poor lighting)
• Reduce any deduction in damages.

1. Establish Long-Term Losses

Our team ensures all financial losses are accounted for, including:

• Lifelong care needs
• Prosthetics and mobility aids
• Loss of earnings and future income
• Psychological trauma and therapy costs.

Occupiers’ Liability in Public Spaces: Not Just Train Stations

While the High Barnet case is high-profile, these principles apply widely:

• Supermarkets that fail to clean spills
• Shopping centres with uneven flooring or unlit stairwells
• Cinemas or event venues with inadequate crowd control or emergency exits
• Car parks with trip hazards or unsafe lighting.

In each case, the occupier must actively manage risks and regularly inspect the premises. If they don’t, and someone is injured, legal action is not just possible, it’s necessary.

What You Should Do?

If you’ve been injured in a public place, whether at a train station, shopping centre, or entertainment venue, you may have a valid claim under Occupiers’ Liability laws. These cases can be complex, especially when multiple organisations are involved or when fault is contested.

The earlier you get legal advice, the better. Prompt action helps preserve evidence, avoid missed deadlines, and secure the strongest possible position.

Speak to the Experts

At Hopkins Solicitors, we pride ourselves on fighting for the rights of individuals against large organisations like TfL. If you or a loved one has suffered an injury in a public setting due to negligence, contact our Personal Injury team for a free consultation. We’re here to help you claim the justice and compensation you deserve.