Fall in crowd at train station causes moral damage

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The situation in which a passenger is injured when being pushed by a crowd of people when boarding at a train station must be considered an internal accident, which attracts civil liability and generates a duty to compensate for moral damages. reproduction Passenger suffered a fall while trying to board a crowded CPTM train With this understanding, the 1st Panel of the Superior Court of Justice reformed the decision of the Court of Justice of São Paulo to condemn Companhia Paulista de Trens Metropolitanos (CPTM) to pay for moral damages to a passenger who suffered injuries while trying to enter a wagon.

Compensation for material damages had been confirmed Binance App Users Data by the TJ-SP, but compensation for moral damages had been denied. "Occurrences such as the case, train delays, accumulation of passengers, discomfort in transport, discredit the person responsible, but do not qualify as a case of seeking compensation for discomfort, as there is no sense of ethical offense", said an excerpt from the court's decision paulista. In a special appeal, the appellant clarified that the alleged moral damage was not due to the delay of the means of transport, but to the bodily injury suffered by falling into an overcrowded train.



Furthermore, the appeal used the argument that the safety clause of the transport contract presupposes that the service is provided without the passenger suffering harm, with the lack of security and the delay of the train being decisive factors in the occurrence of the disturbance that caused the victim's injury. For Minister Sérgio Kukina, rapporteur of the case, the situation constitutes a typical example of internal fortuitous events, "which is incapable of breaking the causal link and exempting the concessionaire from its responsibility". Therefore, compensation for moral damages is due.