Potential liability for compensation for damages resulting from the tanker explosion in Boksburg on Christmas Eve last year has been narrowed down to three entities by lawyers lodging a class action:
Ekurhuleni Municipality, Infinite Fleet Transport (Pty) Ltd and Innovative Staffing Solutions (Pty) Ltd, with the Road Accident Fund (RAF) also potentially liable, according to an update issued this week.
In May this year the legal firm representing claimants, RH Lawyers Incorporated, said 80 people had asked to be part of the class action, which arose out of a tanker with LNG en route from Richards Bay to Gaborone in Botswana, which got stuck under a Boksburg railway bridge and exploded. The total value of the compensation claims is not yet known.
RH Lawyers’ paralegal and office manager, Kaylee Tree, said in the update: “The explosion was a devastating occurrence and will have lifelong implications. Some of our clients who are claiming damages for emotional shock and trauma have undergone psychiatric assessments and have been diagnosed with psychological impairments such as depression, with some even expressing suicidal ideation.
“Despite this, we believe that we can assist the explosion victims in bringing redress and assist to the full extent that the law allows. We have a dedicated team of three counsel, one of them being silk, whom we engage with on a fortnightly basis. We have made commendable strides, and we are in our final stages of preparing combined summons for issuing.
“Due to the extensivity of the action, there being more than 60 plaintiffs and each plaintiff’s claim requiring a comprehensive outline, combined summons will be issued and served in February 2024.
“It is anticipated that the action will be heavily contested, but we believe that the explosion is not a faultless event, could very well have been avoided, and one if not all of the abovementioned entities will be found responsible in law.”
On 23 June 2023 RH Lawyers delivered a section 3 notice in terms of the Legal Proceedings Against Certain Organs of State Act 40 of 2002 to Ekurhuleni Municipality, which entity is, amongst others, responsible for the conduct of the firefighting department and road signage. This notice indicated its intention to institute action on behalf of the claimants it currently represents that have suffered burn injuries and have loss of support as well as emotional grief claims emanating from the wrongful deaths of their loved ones.
Two unnamed experts have been engaged for the case to help determine the appropriateness of the conduct of the firefighting department on the day of the incident and, in particular reference to, amongst others, whether the necessary evacuation processes were carried out; and the appropriateness of the conduct of the tanker driver and his employer on the day of the incident and, in particular reference to, amongst others, whether the driver’s conduct in passing under a low-lying bridge was negligent.
The firm says it has been advised by the South African Police Service investigating officer to follow up on the docket in January 2024. “From our research, the docket will contain more than 40 statements and certain incident reports, which will provide further information.
“We have further requested information from the parties that are potentially liable and, unfortunately, we have not received a positive response. In the interim, we are obtaining the medical records of our clients and other evidence which will be used to substantiate each individual claim,” Tree said.
