NEGLIGENCE — plaintiff injured after being trapped by train door and falling from moving carriage — part of the body of the plaintiff protruding from door when train left station — duty owed — being trapped in door a danger likely to arise from the ordinary use of the train and which might reasonably be expected — risk of harm — breach of duty — failure of customer service attendant to observe plaintiff trapped by door before signalling to guard that train could leave — causation — contributory negligence — standard of care — position of unsupervised child with little experience of train doors or riding on trains — whether cognitive impairment of plaintiff before accident relevant — assessment of damages — eggshell skull rule — relevance of pre-accident developmental delays.
Case Details
Citation[2013] NSWSC 1672
CourtNSWSC
JurisdictionNew South Wales
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