Bus Company Dan Fined for Repeatedly Skipping Passenger's Stop
Translated & summarized from N12 by baba
A passenger successfully sued the bus company Dan for repeatedly failing to stop for him, resulting in a 3,000 shekel compensation award. The court found the company liable after the National Public Transport Authority confirmed investigations into the incidents.
The story in 5 lines · by baba
- Dan ordered to pay 3,000 shekels for skipping passenger's bus stop.
- Court cited National Public Transport Authority's investigation as evidence.
- Passenger documented seven instances of buses failing to stop.
- Company's defenses regarding passenger's proof and mitigation rejected.
- Compensation covers distress, hassle, and wasted time.
A regular commuter in Petah Tikva, Meir Cohen, has won a partial victory against the public transport company Dan after a small claims court ordered the company to pay him 3,000 shekels in compensation. Cohen had sued Dan after experiencing at least seven documented instances over three months where buses on line 82 failed to stop for him at the Jabotinsky/HaYetzira station, despite him signaling the driver. He had initially sought 30,000 shekels.
Cohen meticulously documented the incidents, even boarding other buses to record the license plates of those that passed him by. Before going to court, he filed seven complaints with the National Public Transport Authority. While initially receiving only automated responses, the authority later confirmed that some of Cohen's complaints were investigated against Dan's performance data. For one incident on May 13, the authority stated it was being referred for administrative enforcement.
The court considered these official responses as objective support for Cohen's claims, noting that they were made by a regulatory body after reviewing the operator's data. The judge emphasized that multiple documented incidents from different dates strengthened the case, rejecting Dan's arguments that Cohen hadn't proven he was at the station or had acted in bad faith by contacting the authority instead of the company directly.
Dan also argued that Cohen failed to mitigate his damages by not taking a taxi. The court dismissed this, stating passengers are not immediately obligated to incur taxi costs. The judge cited regulations requiring operators to provide regular service and drivers to stop at designated stations when passengers are waiting.
While the court accepted the core of Cohen's claims regarding the violations, it found his requested compensation excessive, stating it shouldn't function as a fine and that he hadn't proven specific financial damages. However, acknowledging the inconvenience, lost time, and disruption caused by the repeated omissions, the judge awarded 3,000 shekels for distress, hassle, and wasted time, plus 300 shekels to cover Cohen's court fees.
