If the Passenger Rail Agency of South Africa (Prasa) fails to execute its duty of care and a passenger is injured as a result of negligence, it could be liable for damages, a legal expert said as details of a preliminary investigation into the derailment of two train coaches at Dal Josafat station in Paarl pointed to possible issues related to maintenance.
Based on the extent of the damage, the Railway Safety Regulator (RSR) said it is suspected that speed might have played a role in the derailment.
Twenty-four passengers were injured in the incident on September 17. Three were critically injured.
Legal expert Kirstie Haslam, a partner at DSC Attorneys, also noted that the volume of cases against the Prasa, which appear on court rolls on a weekly basis throughout the country, suggest a “worryingly high incidence of actionable failures on Prasa’s part”.
The RSR on Friday released findings from its preliminary investigation into the derailment as the train was en route from Kraaifontein to Wellington station, traversing a down mainline on the Transnet Freight Rail network.
“The train had three motor coaches i.e. the leading, middle and the trailing, with eight plain trailers. Upon arrival at the scene, the RSR inspectors observed that the leading coach and two trailers had derailed.
“The RSR investigation found that turnout (set of points), which are used to change the direction of the train, had slight damage on the right-hand side blade. This led to the leading motor coach with commuters inside taking the intended route, and the first plain trailer coach also with commuters inside taking the left turn.
“Therefore, the rest of the coaches followed the first plain trailer coach with commuters to the left, resulting in a derailment. “The reasons for the fault at the turnout is not immediately known and may point to possible issues related to maintenance. Based on the extent of the damage, it is suspected that speed might have played a role in the derailment.
The section between Kraaifontein and Wellington is under manual authorisation,” the RSR said.
It said it would request an investigation report from the operator and would “follow up on the implementation of corrective action plans”.
“This is an ongoing report, and the final report will be finalised once the RSR team receives and reviews the outstanding information,” said the RSR.
Haslam said if a person or a dependant was injured or a family member killed in a train-related incident due to negligence on the part of the operator, they may have a claim.
“Metrorail and Prasa both have a duty of care to their passengers ... This means they’re legally obliged to take reasonable steps to protect people using their services from foreseeable harm.
“For example, they must ensure that all train doors close correctly and timeously.
“If Prasa fails to execute its duty of care and a passenger is injured as a result of negligence... it could be liable for damages,” said Haslam.
She said a personal injury claim is “incredibly complex and usually takes three to five years”.
Haslam noted that because Prasa claims are against a state-owned agency, legislation requires that notice of the intention to sue for damages be given to the state within six months of the incident.
Cape Times