Prasa held liable for disability after woman dragged from moving train during robbery

The Western Cape High Court in Cape Town has ruled that the Passenger Rail Agency of South Africa (Prasa) is fully liable for damages suffered by a commuter who was dragged and thrown from a moving train during a violent robbery in 2011. The court found that Prasa breached its public legal duty by allowing carriage doors to remain open while the train was in motion, exposing rail users to severe foreseeable harm.

The incident occurred in May 2011 while Aisha Barnabas was travelling on a Prasa-operated train from Cape Town to Mitchell s Plain via Nyanga. Due to a lack of seating, Barnabas was forced to stand in the middle of the carriage, and when a group of robbers began robbing passengers, she was pushed toward the open doorway and dragged out through the open door, falling onto the adjacent railway tracks.

She sustained severe injuries, including a lacerated leg, a head laceration, and a dislocated shoulder, leaving her disabled and facing significant loss of income and amenities of life. The court rejected Prasa's arguments of not acting negligently and challenged aspects of Barnabas' claim, but ultimately held Prasa responsible for failing to implement reasonable security measures to safeguard commuters from harm.

The judgment emphasised that trains operating with open doors expose commuters to foreseeable dangers, particularly in circumstances where overcrowding, criminal activity, or sudden disturbances occur. The ruling reaffirmed that Prasa is required to take reasonable measures to ensure passenger safety and cannot avoid liability when failures in its operational safety contribute to injuries suffered by commuters.

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