Who is at fault?

[Beattie]

I was reading this story and wanted you guys opinion who here is at fault? The company or the person or both? http://www.iol.co.za/news/crime-cou...ages-claim-turned-down-1.1385430#.UFvEgI1lQ3g

 

[Euphod]

Given the information in the article, I don't think I could make a ruling either way.

 

[bl4882]

That is a truly horrible story. Based on what is said in the article, I see no way a trier of fact could reach any conclusion as to actual events, but it sounds as if the RR was a common carrier, and for that reason strictly liable for the injury suffered by the passenger while on railroad property, and negligence might not be an issue, depending on the facts. For that reason it may be a toss-up. An awful thought, actually; no one's life should hinge on a coin flip.

It would be interesting to hear from some who are familiar with such liability in the country involved.

Bernie

 

[JCitron]

I agree with the others. There is no way of telling based on the article. There's a lot more to this than was published in the newspaper.

John

 

[Euphod]

In this day and age I'm surprised there isn't some sort of camera present somewhere to decide the issue.