A commuter who is suing Tube bosses for £25 million after losing her arm and a leg in an accident ‘placed herself in a position of danger’, lawyers have said.
Sarah de Lagarde, 47, had her right arm and right leg partially removed after she was run over by two Northern Line trains at High Barnet in September 2022.
Ms de Lagarde, who is the global head of corporate affairs at City investment firm Janus Henderson, fell asleep while on the train home at around 10pm when she was woken up by a fellow passenger.
She got off the train and then slipped over, falling down the gap between the train and the platform.
She then called out for help but no one heard her, and she was struck by two different trains.
Ms de Lagarde is now suing London Underground Ltd (LUL), which is part of Transport for London (TfL).
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’.
In defence documents submitted to the Royal Courts of Justice and seen by the Evening Standard, TfL has denied liability and claimed she was ‘negligent’ in the way she exited the train and ‘placed herself in a position of danger’.
The documents said: ‘The claimant took a few steps forward on to the platform and then took a few steps backwards, before the rear of her body struck the rear side of the door of the train she had exited from.
‘The claimant continued to move backwards and, approximately seven seconds after exiting the train, she fell into the gap between carriages five and six of the train.’
Prashant Popat KC, for LUL, said: ‘We recognise that this is a tragic case, and the claimant sustained some horrific injuries.’
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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’.
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.
Speaking outside the Royal Courts of Justice previously, Ms de Lagarde said: ‘I was commuting home from work. I fell through the gap. I was run over and crushed by not one, but two London underground trains on the Northern Line.
‘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.’
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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