Transnet Ltd t/a Metro Rail v Tshabalala

The respondent (plaintiff) sued Transnet Ltd t/a Metro Rail for damages arising from a train accident in which his right foot was severed. While returning from Soshanguve to Johannesburg, the plaintiff mistakenly boarded a train travelling from Mabopane to Pretoria. At Winternest station he alighted and was advised by another passenger to reboard the train and travel to Bosman station to catch a Johannesburg-bound train. As the train started moving with its doors still open, the plaintiff chased it, ran past several coaches, and attempted to board a moving coach by holding onto a vertical handrail. He was at least somewhat intoxicated, lost his footing, fell onto the tracks, and sustained severe injuries. The train doors had remained open from Soshanguve station until the accident occurred.

The appeal was upheld with costs. The trial court’s order was replaced with an order that any damages proved by the plaintiff be reduced by two thirds in terms of section 1 of the Apportionment of Damages Act 34 of 1956. The defendant was ordered to pay the plaintiff’s costs, excluding specified days for which a separate costs order had been made.

The case is significant for clarifying the application of contributory negligence and the circumstances under which an appellate court may interfere with a trial court’s apportionment of fault. It reaffirms that operating trains with open doors constitutes negligence and that such negligence can be a legal cause of passenger injuries. The judgment also illustrates how intoxication and reckless conduct by a plaintiff can substantially increase their share of fault under the Apportionment of Damages Act.