Irish Rail has ‘absolute duty’ to warn about gap

Irish Rail has an “absolute requirement” to warn its customers to mind gaps between trains and platforms when getting on and off trains, a Circuit Civil Court has said.

Circuit Court president Mr Justice Raymond Groarke made the remark after hearing a legal action by fisherman John Mooney against Irish Rail for a triple fracture he suffered on his right shoulder when he fell though the gap between the train entrance and the platform at Tara Street Station in Dublin.

Mr Mooney told the court that on August 2, 2012, he was travelling on a train from Dún Laoghaire with the intention of getting off at Connolly Station in Dublin. He dismounted at Tara St by mistake and when he realised his error, he tried to reboard. However, he slipped and fell through the gap. Conor Bowman SC, counsel for Mr Mooney, said his client suffered a triple fracture but hauled himself out of the gap and aboard the train. He reported the matter to Irish Rail staff when he got off at Connolly Station.