Accidents arising from rail travel


Published by a ³ÉÈËÓ°Òô PI & Clinical Negligence expert
Practice notes

Accidents arising from rail travel


Published by a ³ÉÈËÓ°Òô PI & Clinical Negligence expert

Practice notes
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Rail accidents occurring in the UK

An undertaker who is operating a railway under statutory Authority (‘railway undertaker’) has a Common law Duty of care to their passengers under the Occupiers’ Liability Act 1957 (OLA 1957). This duty requires the railway undertaker, the occupier, to see that a Visitor is reasonably safe using the premises for the purpose for which they were invited/permitted by the occupier to be there. See Practice Note: Occupiers’ liability claims—lawful visitors.

In 1972, the House of Lords held a railway undertaker liable for a child who was electrocuted while trespassing on a railway line and this decision paved the way for the Occupiers’ Liability Act 1984 (OLA 1984).

Under the OLA 1984, an occupier of premises (which would include a railway undertaker) owes a duty to another (not being its visitor) in respect of any danger due to the state of the premises, or due to things done or omitted to be done on them, if:

  1. •

    it is aware of the danger or has reasonable grounds to believe that it exists

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Jurisdiction(s):
United Kingdom
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Key definition:
Authority definition
What does Authority mean?

The public sector body procuring the project. This might, for example, be a local authority, an NHS trust, a central Government Department or a Non-Departmental Public Body.

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