PRASA Found Liable After Passenger Suffers Life-Changing Injuries in Train Incident, Court Rules
Viable News Team 
The Passenger Rail Agency of South Africa (PRASA) has been found legally liable for a devastating 2017 train incident in which a commuter suffered severe, permanent injuries. The ruling was handed down by the Western Cape High Court, marking a significant judgment on commuter safety and the obligations of public transport operators.
Although the exact value of the damages claim has not been disclosed, the outcome underscores the judiciary’s growing impatience with what it views as systemic safety failures within South Africa’s rail network.
Incident at Eikenfontein Station: Court Finds Critical Negligence
The case dates back to October 2017, when Mr M travelling on a PRASA-operated commuter train was pushed out of a moving carriage at Eikenfontein Station. Court papers highlighted alarming safety lapses, particularly the failure to ensure that train doors remained properly closed while in motion.
In her judgment, Acting Judge Magona-Dano ruled that PRASA had breached its duty of care to commuters. The open doors directly contributed to the incident, which ultimately led to Mr M losing his right leg after a traumatic fall.
Mother Pursues Justice After Son’s Death
Following Mr M’s unrelated death in October 2024, his mother, Mrs M, continued the legal battle on his behalf. The court heard detailed testimony from her and other family members describing the overcrowded train conditions, lack of visible security personnel, and the general vulnerability of passengers that day.
To streamline proceedings, the court separated the issues of liability and damages, focusing first on whether PRASA could be held responsible for the incident. Evidence presented by the plaintiff was deemed sufficient, and no further factual dispute required testing through additional witnesses.
PRASA’s Defence Dismissed
PRASA attempted to distance itself from liability by questioning whether Mr M was a valid ticket-holding passenger. In its court filings, the agency denied knowledge of the incident and disputed that he was on board a fare-paying commuter train.
The court rejected this defence outright, affirming that PRASA’s legal obligation to ensure commuter safety does not depend on a passenger’s ticket status. The judgment emphasised that safety protocols, including secure doors and adequate oversight, must be upheld for every person using PRASA services.
A Stern Reminder of Constitutional Accountability
The ruling reinforces PRASA’s constitutional duty as a public carrier to protect passengers from foreseeable harm. The court noted that the agency’s failure to maintain basic safety standards amounted to negligence, making it accountable for the catastrophic injuries suffered by Mr M.
Compensation and Costs Awarded
PRASA has now been ordered to compensate Mrs M for damages linked to the incident. Additionally, the court held that PRASA is liable for all legal costs incurred by the plaintiff including counsel fees on High Court scale B.
In the court’s words:
“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.”
“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.”
A Landmark Judgment With National Implications
This decision is expected to place renewed pressure on PRASA to urgently address safety shortcomings across its network. For many South Africans who rely on rail transport daily, the ruling serves as a critical reminder that commuter safety is not optional it is a constitutional requirement.
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