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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 61649
Experience:  Qualified Solicitor
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This is a bit of a strange one. I'm looking for legal

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Hi, This is a bit of a strange one. I'm looking for legal assistance over a recent issue that happened on a Eurostar train. A toilet sprayed myself and my daughter with it's contents.
JA: Where are you? It matters because laws vary by location.
Customer: Aylesbury
JA: What steps have you taken so far?
Customer: Complained to customer service. Written to the CEO, and have had some correspondence with his staff.
JA: Anything else you want the lawyer to know before I connect you?
Customer: That's it, thanks

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

What do you specifically want to know about this, please?

Customer: replied 2 months ago.
There are multiple facets to this. Firstly, our health has been put at risk, we are currently in limbo as some urine borne diseases take months to show up. Eurostar have admitted fault, and are currently fitting new valves to their fleet, but right now there is still risk to the public. The compensation they have offered us is paltry, and they are vaguely saying they may cover medical test costs, but not committing to this.
Customer: replied 2 months ago.
I need legal advice re next steps. My small daughter is now terrified of using a toilet on a train. I'm living day to day with the worry that we've possibly contracted life changing diseases. And Eurostar are not doing enough to protect people from this happening again.
Customer: replied 2 months ago.
They have known about this problem for almost 7 years. I have proof of this via tweets made to them, which they responded to.
Customer: replied 2 months ago.
I have also reported them to environmental health

Thank you. As far as compensation is concerned, you will only be able to claim if you have actually suffered a personal injury. Therefore, until you have been diagnosed with anything, you cannot realistically claim. Any other compensation offered to you in the meantime will be on a discretionary basis and purely as a goodwill gesture. I so however suggest that you keep track of all medical expenses incurred from this in the event you had to formally claim for these costs in the future.

So basically, the law does not compensate you for ‘what could have happened’, i.e. that you have potentially been exposed to anything and only once that has been confirmed and a formal diagnosis made can you actually think about taking it further for compensation. In the meantime you are entirely free to continue pursuing them for any goodwill compensation and also report them to the relevant bodies, which you have already done.

Does this answer your query?

Customer: replied 2 months ago.
What about the distress part? That is happening at the moment.

That is often difficult to pursue. Again, it has to be something formally diagnosed, like PTSD, which then is compensated depending on how severe it is. It is not impossible but it is not just a case of saying you have been left feeling distressed by it and then claim

Customer: replied 2 months ago.
OK. And their comment around 'looking in to covering medical costs' - I feel that this is too vague. Given this is 100% their fault, I don't see how they could get out of doing this.

They will likely be liable to an extent, but it is too early to state exactly how much. If there is a forma diagnosis, then this is all part of the compensation process which will be scrutinised by the courts and a decision made by them.

Customer: replied 2 months ago.
thanks

All the best

Customer: replied 2 months ago.
final question, if I take this story public, does this have any potential risk as far as taking them to court goes? I'm not overly comfortable being the 'toilet lady' but I don't think they are doing enough to protect their customers.

No, if you have suffered any injuries from it then that fact does not change and you can still rely on it even if you have gone public with what happened

Ben Jones and 7 other Law Specialists are ready to help you
Customer: replied 2 months ago.
thanks, I'm in two minds right now, it's greater good vs being labelled the toilet lady but I think it's probably the right approach given their attitude to solving this

You can always be anonymous when you report this, you do not have to reveal your identity