Woman sues for being hit by train after she fell off platform while drunkBy Mason White 9:40 AM August 1, 2016
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By: Tanya Malhotra
A woman is lucky to be alive after she fell onto train tracks while she was drunk.
However, the woman does not think that she is responsible for the injuries she sustained. Instead, she is suing the train driver and the company.
Amanda Bell of Australia, was just 14 years old when she went out drinking with her friends at 10:30 p.m. She was so drunk that she fell asleep on a bench at a train station.
After midnight, she began walking at the Gymea railway station in Sydney, and she fell off the platform before being hit by a train.
The incident left Bell disabled. She is in a wheelchair and she suffered severe brain damaged.
Bell, who is now 20 years old, wants RailCorp to pay her $4 million in compensation for her injuries.
Bell claims that the driver did not turn on his headlights and he did not activate the horn to warn her of the approaching train.
In defense, RailCorp said that Bell should have known the “obvious risk” of being drunk while walking close to the railroad tracks and that they had “no proactive duty” to warn her.
Bell’s level of intoxication will be taken into consideration because under the Civil Liability Act 2002, courts cannot award damages if the claimant was drunk.