Prasa found liable for serious passenger injuries in train incident
Passenger rail agency held accountable for passenger injuries in train incident.
Image: Marsha Bothma
The Passenger Rail Agency of South Africa (PRASA) has been held liable by the Western Cape High Court for damages resulting from a tragic train incident in which a passenger sustained life-altering injuries.
The financial status of the claim for damages has not been made public.
The case, ruled that occurred on October 2017, when * Mr.M, travelling on a train operated by PRASA, was pushed out of a moving train at Eikenfontein Station. Court papers on the matter raised serious concerns about the safety standards and passenger protection measures implemented by the agency.
In a judgment delivered by Acting Judge Magona-Dano, it was established that PRASA failed in its duty to ensure passenger safety. Key components of negligence highlighted included the agency’s failure to keep train doors properly closed while the train was in motion, which ultimately resulted in Mr. M’s serious injury and subsequent amputation of his right leg, according to court papers.
The case was initiated by the deceased's mother, * Mrs M, after his tragic death in October 2024 from unrelated causes. The court grappled with critical issues regarding PRASA's obligations as a public carrier to protect its commuters, which are underscored by constitutional mandates.
The court’s ruling not only places accountability on PRASA but also serves as a judicial reminder of the essential duty to ensure the safety of passengers.
Testimonies from witnesses, including Mrs. M and her sister-in-law, detailed the circumstances leading up to the incident.
They recounted the overcrowded train conditions and the lack of security personnel aboard, which left passengers vulnerable to accidents. The trial separated the issues of liability and damages, allowing the plaintiff to present a strong case without the need for further factual evidence against the defendant’s claims.
The court also addressed the argument presented by PRASA's defence, which sought to absolve the agency from liability by questioning the validity of Mr. M's train ticket.
In its version according to court papers, PRASA denied that the Plaintiff (Mr M) was a fare paying passenger on board a commuter train and that it had no knowledge of the alleged incident.
However, the court firmly stated that possession of a ticket does not absolve PRASA of its legal duty to protect passengers. The judgement reaffirmed that PRASA's failure to maintain proper safety measures constituted negligence, regardless of ticket validity.
The court ordered PRASA to compensate Mrs. M for damages sustained due to the incident and also specified that they would be liable for the costs of the plaintiff, including those of counsel on the High Court scale B.
"The defendant is liable to compensate the plaintiff for such damages that she may prove, or be agreed upon, arising out of the incident that occurred at Eikenfontein Station on October 1, 2017;" court papers stated.
"The defendant shall be liable for payment of the plaintiff’s agreed or taxed party and party costs, which shall include costs of counsel on High Court scale B."
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