A man who says he fell in front of an ongoing train on London's Tube network and sustained serious injuries due to "overcrowding" is suing Transport for London for £220,000.
Commuter David Garcia Thomas, 28, was at Oxford Circus station during rush our on 20 November 2019 when he fainted and fell.
Mr Garcia Thomas, an IT executive, became trapped between the train and platform edge and was subsequently dragged some distance, sustaining multiple injuries as a result including a fractured spine and serious leg injuries.
He is now suing TfL for up to £220,000 in compensation after claiming the company "failed to identify... all the risks to the safety of customers caused by overcrowded and congested platforms”.
There should have been a "platform edge device" to prevent falls, Mr Garcia Thomas said.
High Court papers filed by the Balham man's lawyers stated that he got on the Bakerloo line after finishing work in Paddington, at IT company Nominet.
At Oxford circus, he crossed to the opposite platform for the southbound Victoria line., but found the first train that arrived too full for him to get on, the Evening Standard reported.
After people in front of him had gotten on the first train, Mr Garcia Thomas moved closer to the edge of the platform and waited for the next train.
“He was hot and nauseous and began to feel dizzy and lightheaded. He was concerned that he might faint so he turned around, intending to move further away from the platform edge," the court papers read.
"However, the platform was so crowded and congested that he was unable to move from his position… The claimant has no recollection of what happened next.”
The moment Mr Garcia Thomas fainted was captured by CCTV, his lawyers said.
At this point, he was struck by the train and became trapped between the train and the platform.
He was carried by the train some distance down the platform and removed by medical services, who rushed him to hospital.
Mr Garcia Thomas reportedly needed seven operations following the incident and spent four months on crutches.
TfL has been accused of not undertaking an adequate risk assessment, failing to properly identify risks and not doing enough to manage or prevent overcrowding on platforms.
The company allegedly failed to provide sufficient training on overcrowding.
TfL's defence to Mr Garcia Thomas' claim was not yet available from the court.
A TfL spokesman said: “Safety is our number one priority and we are sorry that Mr Garcia Thomas was injured at Oxford Circus station.
"We are aware of his claim and will be responding to the court in due course.”
