Mhlongo v Passenger Rail Agency (20594/2014)
Mhlongo v Passenger Rail Agency (20594/2014) [2016] ZAGPJHC 353 (15 December 2016)
The court held that PRASA is liable for injuries sustained by the applicant when she was pushed out of a stationary train with open doors between stations. The situation was analogous to moving train cases where open doors create a foreseeable risk of harm. The court found the applicant's evidence credible and corroborated, establishing that the doors were open throughout the journey and that PRASA failed in its duty to close them. The risk of injury from open doors in a train stopped between stations is significant and foreseeable, and PRASA's omission constituted negligence. Factual and leg…
Source excerpt
- Public Carrier Liability
- Negligence
- Foreseeability Of Harm
- Train Accident
- Open Doors
- Duty Of Care