London commuter who fell in front of Tube train ‘due to overcrowding’ suing TfL for £220,000

David Garcia Thomas broke his back after falling onto the track at Oxford Circus station

Mr Garcia Thomas says that Transport for London should put a ‘platform edge device’ in place to stop people from falling onto the tracks (Getty Images)

A London commuter who says that he fell in front of an oncoming Tube train and suffered serious injuries due to an “overcrowded” platform is suing Transport for London for £220,000.

David Garcia Thomas fainted during evening rush hour at Oxford Circus station on 20 November 2019 and fell onto the tracks.

He became trapped between the train and the platform edge and suffered serious injuries.

The 28-year- old - a former languages teacher who became an IT executive - was dragged some distance and suffered multiple injuries as a result.

These included a fractured spine and serious leg injuries. He is suing TfL for up to £220,000 in compensation, and claims that it “failed to identify... all the risks to the safety of customers caused by overcrowded and congested platforms”.

Mr Garcia Thomas, of Balham, also said that there should have been a “platform edge device” to stop falls like his from happening.

According to High Court papers, he had got on the Bakerloo line having finished work at an IT company called Nominet in Paddington.

“At Oxford Circus, he crossed to the opposite platform for the southbound Victoria line,” his lawyers said.

“The first train to arrive was too full for the claimant to get on. Once people in front of him had got on the first train, the claimant moved closer to the edge of the platform and waited for the next train.”

They went on: “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.

“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.”

CCTV captured the moment that Mr Garcia Thomas “suffered a medical episode, causing him to collapse”, his lawyers said.

“The claimant 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. He was removed by emergency services and taken to hospital.”

TfL is accused of failing to undertake an adequate risk assessment, not properly identifying risks and failing to do enough to manage or prevent overcrowding. It also accused of failing to provide sufficient training on overcrowding.

Mr Garcia Thomas reportedly needed seven operations after the incident and spent four months on crutches.

TfL’s defence to the claim is yet to be available from the court.

A TfL spokesperson 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.”