A woman suing London Underground for £25 million after losing an arm and a leg ‘put herself in danger’, according to TfL’s lawyers.
Sarah de Lagarde, 47, had parts of her right arm and leg amputated after being run over by two Northern Line trains at High Barnet on September 30, 2022.
That night, she was woken by a fellow passenger at the end of the line and got off the train. Realising it was heading back in her direction, she attempted to reboard, but slipped and fell into the gap between the train and the platform.
She shouted for help, but nobody heard her, including the driver who spotted her handbag and took it to lost property before continuing with his journey at 9.54pm, running over her arm.
Five minutes later, a second train arrived, crushing her right leg.
Ms de Lagarde, head of PR for an investment firm, has taken the case to the High Court.
Defence documents seen by theEvening Standard, show that TfL has denied liability, accusing her of being ‘negligent’ in the way she got off the train and ‘placed herself in a position of danger’.
Among the list of her failings, they accuse Ms de Lagarde of not maintaining her balance, not being on a stable footing, having insufficient regard for her own safety, and not listening to the ‘mind the gap’ announcements.
Prashant Popat KC, for LUL, said: ‘We recognise that this is a tragic case, and the claimant sustained some horrific injuries.’
He added in written submissions: ‘The defendant denies these allegations.
‘It also pleads contributory negligence.
‘The parties are agreed that the case should proceed first towards a preliminary issue trial on liability. This would encompass breach of duty, causation and the issue of contributory negligence.’
But defending Ms de Lagarde, James MacDonald said it was ‘not an ordinary personal injury case’.
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Lawyers for TfL said shortly afterwards, the driver walked through the train to start his return journey and saw her brown bag wedged between the carriage and platform.
He gave it to lost property but did not investigate it further as the driver ‘did not see or hear the claimant at that point and did not look into the gap, having no reason to do so’.
The documents said the train set off at about 10pm, running over Ms de Lagarde’s right arm.
About five minutes later, a second Northern line train arrived at platform three, crushing Ms de Lagarde’s right leg under its wheels.
Ms de Lagarde said: ‘Miraculously, I survived, but it cost me dearly – the first train took my arm, and the second train took my leg.
‘That night I also lost my mobility, my independence, my dignity and, above all, my ability to hug my two young children with both arms.’
She now uses two prosthetic limbs including a bionic arm and said she suffers from post-traumatic stress disorder, has not returned to using public transport since the incident and has been left ‘absolutely terrified’.
An eight-week trial has been set for 2027 and a further hearing is set to take place in September.
Thomas Jervis, a partner at law firm Leigh Day, which is representing Ms de Lagarde, said: ‘This case is incredibly important and may have a profound impact on how London’s transport network is operated in the future.’
A TfL spokesperson said: ‘We are responding to a legal claim brought by Sarah de Lagarde. It is not appropriate to discuss details of our defence while this case is ongoing.
“Our thoughts continue to be with Sarah and her family following this terrible incident, and we will continue to make every possible effort to learn from any incident on the Tube network. Safety is our top priority and we will always place it at the forefront of our thinking.’
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