A horribly injured woman has been awarded more than $1 MILLION in compensation after her purse was caught in train doors while trying to catch her as she departed
- Sydney Trains has to pay a woman more than a million dollars after a fall
- Six years ago, Aluk Chol was pulled between a moving train and the platform
- She had been holding a purse which she had wedged between the train doors
- The court heard that the station guards were negligent in allowing the train to depart
A woman has won a huge payout after falling between a moving train and the platform when her bag became trapped in the door.
Aluk Majok Chol was awarded more than $1 million in a David and Goliath court battle against Sydney Trains after she was seriously injured in 2016.
Ms Chol, 52, attempted to board a train at Auburn station on August 4, 2016 by swinging her purse between the doors to prevent them from closing.
But the doors didn’t open and she clung to her bag until the train knocked her off balance as it exited the station.
Sydney Trains has to pay a Sydney woman more than $1 million six years after she fell between a moving train and a platform with her purse stuck in the doors
CCTV showed the moment she fell between the edge of the platform and the moving train, sustaining serious injuries.
Judge Richard Cavanagh said the severity of the injuries showed Sydney Train’s negligence and ordered Ms Chol to be paid $1,179,368.53 in damages.
“While the extent of her incapacity and disability is disputed, there is little dispute as to the nature of the open injuries she sustained,” he said, according to NCA Newswire.
Sydney Trains’ lawyers argued Ms Chol was the “originator” of her own misfortune, saying she was drunk and fell because she could not balance properly.
The woman suffered serious injuries as a result of the accident at Auburn Station (pictured) in western Sydney
Ms Chol claimed Sydney Trains was negligent across the board, with “deficiencies” in the system at the station, “failures” on the part of station staff and the train guard to stop the train moving while she was in danger.
Her lawyer, John Catsanos SC, claimed staff saw Ms Chol walking towards the train door and “allowed the train to move” rather than ensuring Ms Chol was away from the train when it exited the station.
“They allowed the train to move despite their position,” he said.
Ms Chol went on to argue “catastrophic” injuries from the accident disabled her and required extensive treatment and care for the rest of her life.
Sydney Trains defender David O’Dowd said Ms Chol put herself in danger trying to keep the doors from closing.
Ms Chol’s lawyer argued that Sydney Trains staff (pictured) were negligent in allowing the train carrying Ms Chol to depart so close to the carriages
“While Sydney Trains does not dispute what is shown on the CCTV footage, it does state that the plaintiff would not have fallen had she not been intoxicated,” Judge Cavanagh said.
The defense asserted that its staff had acted according to the “accepted system”.
Justice did not accept that Ms Chol was drunk and said the fact that she was still clutching her handbag showed how close she had been to the edge of the train.
Judge Cavanagh found that the accident was caused by accidental negligence on the part of a security guard, but admitted passengers often attempted to jump into the carriage at the last minute, and trains couldn’t be delayed every time it happened.
He also accepted that it would not be possible to ensure that passengers were at a safe distance from moving trains at all times.
Ms. Chol’s compensation includes payments for general damages, past and future care, housing costs, expenses, future treatments and needs.
Sydney Trains must pay Ms Chol the full amount.
It was estimated that she would need $823,064 for decent housing.
Ms Chol did not claim economic damage because she had not worked since immigrating to Australia from South Sudan.