A COSTA del Sol train passenger has won €20,700 in compensation nearly a decade after an escalator suddenly stopped and a falling suitcase smashed into her.
The bizarre accident happened at a Fuengirola railway station as the woman and her husband made their way towards the exit.
They had travelled by train from Malaga when the escalator suddenly ground to a halt, sending luggage being carried by other passengers tumbling down the steps.
One of the bags struck the woman, leaving her with injuries to her arms and legs.
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She was taken to hospital following the accident and subsequently launched a legal battle against Spain’s national rail operator.
Now, almost ten years later, a court has ordered the company to pay her €20,713.83.
The ruling followed an appeal by Spain’s national rail operator, Renfe, which had tried to overturn an earlier decision awarding the woman compensation.
Its lawyers argued there was no proof she had actually been a passenger because she could not produce her train ticket.
But judges dismissed the argument, saying she could easily have lost the ticket after being injured and taken to hospital.
They also pointed out that she had been inside the station’s restricted area, where passengers need a valid ticket to enter.
The court noted that the station’s security system prevents people without tickets from accessing the platforms.
Judges also accepted evidence from the woman’s husband and a security guard who had filed an incident report following the accident.
The rail operator was unable to provide evidence disproving the woman’s account, according to the ruling.
It also argued that the escalator suddenly stopping was an everyday risk that passengers should be expected to accept.
But judges rejected this too, ruling that the company had failed to demonstrate that the escalator was properly maintained and met all required safety standards.
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They said the failure could have been caused by a mechanical fault, a problem with its monitoring or control systems, or inadequate safety standards.
The company also challenged the amount of compensation awarded for the woman’s injuries and their lasting consequences.
But the court upheld the original figure of more than €20,700, bringing the extraordinary legal battle to an end.
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