Prasa has a duty to ensure passenger safety, court rules

A MAN who worked as a packer is due to receive about R1.5 million in damages after he suffered injuries when he was accidentally pushed out of a crowded train.

Sello Thaha suffered severe injuries to his back and neck. He lost his job as he could no longer lift heavy crates.

Thaha turned to the North Gauteng High Court, Pretoria, to claim damages from the Passenger Rail Agency of South Africa. He said Prasa had a duty to ensure the safety of its commuters and not allow trains to move while the doors were open.

Prasa, on the other hand, argued that Thaha should also be held accountable because he should not have boarded an overcrowded train.

The court earlier ruled that Prasa was 90% liable for the damages Thaha could prove that he had suffered.

Judge Colleen Collis has now ruled that Prasa should pay various amounts to him, which include general damages and loss of earnings, amounting to about R1.5m.

Thaha told the court that he was a regular train user who, on July 20, 2016, had boarded a train from Olifantsfontein station to Germiston station. He planned to then board another train to Kwesine station, which is near Katlehong where he lived.

At Germiston station, the train to Kwesine arrived late and was full of commuters. He boarded and stood against a steel pole to balance himself. The steel pole was near an entrance/ exit door. The door of the coach was open while the train was moving.

The train stopped at Kutalo station, the first stop after Germiston, and thereafter proceeded to Elsburg. Just before Elsburg station the train suddenly stopped.

After about five minutes, the train pulled off again and he was pushed from behind and fell out. He believes that the momentum of the many commuters pushed him out.

Thaha was taken to hospital, where he remained for several weeks.

The court found that Thaha was a lawful passenger. His evidence that the train doors were open from Germiston to Katlehong, was accepted by the court. Prasa did not dispute this.

The court found that Prasa had a duty to ensure commuter safety. It referred to a Constitutional Court judgment which said: “Public carriers like Prasa have always been regarded as owing a legal duty to their passengers to protect them from suffering physical harm while making use of their transport service.”

The Constitutional Court said that if the duty was breached, it could lead to Prasa being liable for damages.

Various experts were called to give their opinion regarding the damages Thaha had suffered.

It was found that with his limited educational qualifications and cognitive ability, he was unlikely to find a job in the sedentary or light domain of work, nor could he do any work that involved heavy lifting.

While Thaha said he was trying to find a job, he had remained unemployed since the accident.