M Abrahams v Springbok Atlas Company (Pty) Ltd

In May 1999 a group of 14-year-old school pupils were travelling from Cape Town to Port Elizabeth in a bus operated by Springbok Atlas Company (Pty) Ltd. During the journey, one pupil, Riyadh van der Westhuizen, fell out of a toilet window at the rear of the bus while it was travelling at approximately 80 km/h. He sustained serious injuries and suffered amnesia, leaving him unable to explain how the fall occurred. Nearly three years later, his mother, M Abrahams, sued the Road Accident Fund and Springbok Atlas for damages. The claim against the RAF was settled. The remaining claim alleged that the respondent’s employees were negligent in failing to ensure that the toilet window was securely fitted and that a carpet outside the toilet caused the door to jam, allegedly leading Riyadh to brace himself against the window, causing it to dislodge. The trial court granted absolution from the instance, finding that negligence had not been proved. The plaintiff appealed to the Supreme Court of Appeal.

The appeal was dismissed with costs, and the order of absolution from the instance granted by the court a quo was confirmed.

The case reaffirms the strict requirements for proving negligence in delict, particularly the plaintiff’s onus to establish negligent conduct on a balance of probabilities. It illustrates the cautious approach appellate courts adopt toward factual findings and credibility assessments by trial courts, and it underscores the limited circumstances in which absolution from the instance may be overturned on appeal.