It is difficult to sue e-hailing services directly - lawyer

Distraught father, Lance Kruger explained to CapeTalk's Kieno Kammies how his daughter and a friend were allegedly stabbed by a Taxify driver two months ago.

With medical bills for the incident rising to around R20 000, he described how difficult it was to make contact with an agent at Taxify to question issues of liability.

Who is liable should something unfortunate happen during a ride with one of the many e-hailing platforms?

Specialist personal injury lawyer Henry Shields explains the issue of liability when it comes to the use of e-hailing services.

Read: Dad describes how Taxify driver stabbed daughter 3 times

It is difficult to sue Taxify because they are not the employer of the driver.

Henry Shields, Specialist personal injury lawyer

It is possible to sue them for negligence. This has three elements - harm, foreseeables and avoidables.

Henry Shields, Specialist personal injury lawyer

An example would be that somebody is reporting that the driver is out of hand. This is now foreseeable because they now know there is a problem and they should shut him down.

Henry Shields, Specialist personal injury lawyer

Shields says the effects experienced on the ground have moved ahead of legislation and South Africa is lagging behind in this regard.

The UK and Canada are currently working on drafting legislation to control e-hailing services and Airbnb. At present, there is nothing similar available in South Africa.

To hear the rest of the conversation, listen below:


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