ITIC’s comprehensive professional indemnity insurance is tailored to suit the specific needs of rail professionals, such as:
Rail designers
• Signalling system designers
• Railway switch lever & track designers
• Rolling stock & station designers
Rail consultants
• Track & infrastructure
• Environmental testing
• Project management
• Rail safety & training
Railway surveyors
• Topographic & geophysical survey
• Track layout & gauging
• Bridges & structures
Rail specialists
• Ground investigation & geotechnical engineers
• Transportation planning
• Vibration monitoring specialists
• Expert witnesses
• Monitoring & analysis services
To demonstrate the potential liabilities of rail professionals, the following claims scenarios may be helpful.
Switch lever design fault
A railway design engineer designed a new form of switch lever for a major manufacturer of rail components. The design was tested and certified. The new switch entered production and was installed in a new rail system. Subsequent operational failures were encountered when used in extreme temperatures. The contractor who had installed the new switch system appointed solicitors to seek compensation from the design engineer, alleging negligent design. Legal proceedings commenced.
Together with ITIC, the design engineer located an independent party who could analyse the design process, subsequent manufacture and installation. This expert testimony was critical in establishing that the operational failures were caused by improper installation, not negligent design. The cost of the investigation and defence were covered in full by ITIC.
Mapping survey data
A firm of surveyors who specialised in mapping and surveying railway infrastructure had a sustained period of staff illness during a popular holiday period. This left them short of surveyors experienced in the use of specialist survey equipment.
An important contract was close to completion and a team of less experienced surveyors were given the task of completing the survey. Subsequently the contractor reviewed the data they received and alleged that it was inaccurate and unusable. They threatened to instruct solicitors to pursue a damages claim. Together with ITIC, the firm of surveyors agreed to appoint an independent consultant to analyse the data and report on its value. They did so and were able to show that the survey data was accurate. This encouraged the contractor to drop the claim.
Health & Safety Consultant
A health and safety consultant delivered a training programme for staff working in the rail industry. He received a letter from lawyers claiming to act for the family of a railway engineer who had been killed in an accident at work. The lawyers alleged that the engineer’s life would not have been lost had the team of workers correctly implemented appropriate health and safety procedures they had received from the consultant. A significant sum in damages was sought.
ITIC helped the consultant prepare a response. This involved a review of the training that took place and the emphasis placed on the actions of team members. Analysis was also made of the events leading to the accident. ITIC drafted a detailed reply. No response was received and the claim and threat of litigation was eliminated.
