Accident damages

I have been on trains in NZ ( and I think. Canada ) which had observation decks open to the elements so that passengers could take photos. They were obviously not travelling fast enough to be dangerous. ??? The only danger I was in was from bad mannered men elbowing me out of the way.

How is the railway company responsible for a idiot who puts his head out of a train travelling a 70 mph?

I felt exactly the same way as the OP. The rail company should have done something to ensure the window couldn't be opened fully but the passenger should have used her brain instead of allowing the tree to knock some sense into her!

Cars also have window locks.
Also the person in charge of the car can easily see what the occupants are doing and come to a stop if necessary.
Also that is a social or domestic use of the vehicle.
It is not being operated in the course of a trade or business.
Where profit is the motive and the general public are involved and not under constant scrutiny the carrier has extra obligations.

I can't help but feel there is health and safety and there is common sense. The two become confused so often with incidents which are, in truth, directly the responsibility of each individual. We would not let a child travel with its head sticking out of a car window, but our cars have opening windows.

After a previous death GWR were told to sort out the windows so they did a risk assessment and came to the conclusion they should sort out the windows, but they didn't. So another person died. This time they were prosecuted and fined. Took two deaths and £1million+ to get them to sort out their windows. There's no point having H&S laws if companies just ignore them.

Oreo

RosieandherMaw

Show me a modern train with a window that opens….

I thought they were all designed not to open now but obvs not in this case.

I was on a GWR train last Tuesday, the guard or train manager I think they are called now, was walking down the train closing all the windows as we were approaching the end of the line. I hadn't noticed it had windows that opened as you don't see that very often.

Wouldn’t the window have a warning sign?
Unfortunate for that person, but I don’t think the railway co is responsible.

RosieandherMaw

Show me a modern train with a window that opens….

I thought they were all designed not to open now but obvs not in this case.

Show me a modern train with a window that opens….

How many old films do we see with people leaning out of carriage windows to say goodbye before trains pull out of the station. How pleasant to be able to open a window to let air in on a hot journey. Evidently there was a notice saying that passengers shouldn't open, or lean out of the window, which surely is obvious. Nothing can reverse this awful tragedy for the person's family, but it was an accident - why does there have to be blame ?

They were fined as they, GWR, had not implemented changes recommended for H&S by the regulator some time before which would have prevented the window opening.
As an aside the unfortunate lady was intoxicated.

The BBC internet news page said that the person was 'intoxicated' when boarding the train. A dreadful tragedy but yes, it is hard to see why the company was at fault.