Seti v South African Rail Commuter Corporation Ltd (10026/2009)
Seti v South African Rail Commuter Corporation Ltd (10026/2009) [2013] ZAWCHC 109 (8 August 2013)
The defendant, as a provider of public rail transport, owed a duty of care to ensure reasonable safety measures for commuters, including ensuring that train doors are closed before departure. The train departed Khayelitsha station with its doors open, constituting negligence and an invitation for prospective passengers to board while the train was moving. The guard failed in his duty to ensure all doors were closed, and the absence of platform marshals exacerbated the risk. The plaintiff was negligent in attempting to board a moving train, but did not fully appreciate the risk and did not con…
Source excerpt
- Negligence
- Contributory Negligence
- Volenti Non Fit Injuria
- Disclaimer Defence
- Apportionment Of Damages
- Public Transport Safety