Mthethwa v Passenger Rail Agency of South Africa (PRASA) (2020/33363)
Mthethwa v Passenger Rail Agency of South Africa (PRASA) (2020/33363) [2023] ZAGPJHC 135 (14 February 2023)
The court found that the defendant was negligent in permitting the train to operate with open doors on both sides, including the far side where passengers are not expected to embark or disembark. This created a foreseeable risk of harm, which materialized when the plaintiff was pushed out during a panic caused by an explosion in the carriage. The defendant failed to lead any evidence to rebut the prima facie case of negligence or to show that reasonable measures were taken to ensure passenger safety. The plaintiff's evidence was undisputed, and there was no credible evidence of contributory n…
Source excerpt
- Negligence
- Railway Operator Liability
- Burden Of Proof
- Contributory Negligence
- Public Transport Safety