Joburg firm helps families file class action law suit over Boksburg explosion

A Johannesburg-based law firm has announced it will institute legal action against various stakeholders possibly liable for the Christmas Eve gas tanker explosion in Boksburg that claimed the lives of 37 people.

Boksburg tanker explosion

RH Lawyers Incorporated on Tuesday said it was instructed by at least 20 affected people, including those seriously injured in the tanker explosion, to pursue a possible class action suit.

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The legal action is directed at the company that owns the truck that was involved in the tanker explosion, Infinite Fleet Transport, and the outsourcing company that hired the truck driver, Innovative Staff Solutions.

The other stakeholders that will face legal proceedings include the Passenger Rail Agency of South Africa (Prasa), the Ekurhuleni Metropolitan Municipality, the police service and firefighting department and other persons who may be liable in law for civil damages arising from the Boksburg explosion.

“The proceedings may take the form of a class action lawsuit, where a collective or group of affected individuals/entities launch litigation at the same time and in the same legal proceedings to obtain relief instead of bringing separate claims,” RH Lawyers said in a statement.

No-win no-fee basis

RH Lawyers said its intended legal proceedings will be brought before the South Gauteng High Court in Johannesburg.

The law firm said the prospective claimants affected by the Boksburg explosion will be represented on a “no-win no-fee basis”.

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RH Lawyers and its clients believe that the driver of the tanker was negligent while conveying hazardous and highly flammable goods and without adequate cause.

They also believe he broke several laws including the Hazardous Substances Act and the National Road Traffic Regulations.

The truck was conveying approximately 60 000 litres of liquefied petroleum gas when it became stuck under a railway bridge in Boksburg near the Tambo Memorial Hospital on 24 December 2022.

Monetary compensation

RH Lawyers said prospective claimants will – where applicable – be able to claim monetary compensation for past and future loss of income, past and future medical expenses, general damages for pain and suffering, monetary damages due to destruction of property, and loss of support where a breadwinner has passed away.

The prospective claimants include:

• Individuals that have suffered and continue to suffer from bodily injuries, such as third-degree burns, scarring, physical impairment and disability.

Individuals that have experienced severe psychiatric harm in the form of grief, shock and emotional trauma as a result of:

• Experiencing the wrongful death of a close relative(s), friend(s) or a loved one(s) due to the Boksburg explosion;
• Being in close proximity to the incident and witnessing and hearing disturbing /unsettling imagery and sounds of injured and/or deceased victims of the Boksburg explosion.
• Individuals/entities that have suffered property damage, such as damage to houses and vehicles;
• And individuals/entities that have suffered loss of financial support as a result of the death of a breadwinner or other financial support figure.

Bridge height clearance signage

RH Lawyers said Prasa and the Ekurhuleni metro are liable because they are responsible for the height clearance signage and were negligent in that they failed to “ensure there were legible height restriction signs near the railway bridge and further failed to place signage of upcoming low bridges”.

“The various stakeholders of the Ekurhuleni Metropolitan Municipality including the police service and firefighting departments seem to not have undertaken sufficient steps to cordon spectators off the scene and ensure their safety and failed to timeously react when the incident occurred, as their protocols would require.”

The law firm added that 50 people were currently hospitalised following the Boksburg explosion and it expected the death toll to increase.

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