Passenger Wins Compensation After Bus Company Repeatedly Ignores Stops
A regular public transport user in Israel has been awarded 3,000 shekels (approximately $800 USD) in compensation after a bus company repeatedly failed to stop for him at his designated bus stop. Meir Cohen, who commutes to work in Petah Tikva four times a week, testified that over a three-month period, the drivers of Dan bus line 82 ignored his signals to stop at the Zhabotinsky/HaYetzira station at least ten times. Cohen documented seven of these instances by photographing the license plates of the buses that passed him by. He also filed seven complaints with the National Public Transport Authority, which he claims only received automated responses. The authority did investigate some of his complaints, cross-referencing them with the bus operator's performance data. For one incident on May 13, the authority informed Cohen that the case would be transferred to administrative enforcement proceedings. The court considered these responses from the regulatory body as objective support for Cohen's claims, noting that they were based on the operator's data and issued after an inspection. The judge emphasized that the repeated nature of the incidents further strengthened the plaintiff's case. Dan argued that Cohen had not proven he was at the station for each incident, lacked additional witnesses, and acted in bad faith by contacting the Ministry of Transport instead of the company directly, aiming to accumulate complaints for financial gain. The court dismissed these arguments, finding no basis for them and stating there was nothing wrong with a passenger contacting the supervisory authority. Dan also claimed Cohen failed to mitigate his damages by not taking a taxi, but the court ruled that passengers are not obligated to immediately incur taxi costs when a bus fails to stop. The court cited traffic regulations obligating bus operators to run services regularly and drivers to stop for waiting passengers. While the court accepted Cohen's claims of violations, it did not award the full 30,000 shekels he sought, stating the compensation should not function as a fine and that Cohen had not proven financial damages. However, the judge acknowledged that being passed by a bus causes inconvenience, lost time, and disruption, especially when it occurs repeatedly. Considering the documented incidents, the regulatory authority's involvement, and Cohen's testimony of waiting an additional 20 minutes for each missed bus, the court awarded him 3,000 shekels for distress, inconvenience, and wasted time. Dan will also reimburse Cohen for his 300 shekel court filing fee.
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