Cassation, Judgement n.4442/2011
The Supreme Court ruled that in case of damage caused by a fall in a bus entitlement to compensation even if the driver has no fault. The case under consideration concerns a passenger Catania fell on the floor of the bus after a sudden stop. The fall, the Court explained, was not attributable to the bus driver who "did not have the chance 'to behave differently and that he was driving was forced to halt by the sudden invasion of the lane which gave a scooter The sole responsibility 'of the event. " The passengers of the lower courts had already granted a modest compensation and then to the Supreme Court ended the case where the claimant sought to obtain a larger sum by way of damages. The Court rejected the appeal and stated when engaging the assumption of responsibility 'in the incidents on the bus. "In regard to the transport of people - according to the judgment - the presumption of responsibility 'in art. 1681 on the carrier for damages by the traveler when it is established the causal link between the accident occurring to the traveler and the same activity 'of the carrier performance of the carriage, it being back this assumption is satisfied except when the absence of a fault in the carrier, as if the accident is attributed to the fact that third traveler. " The Supreme Court also pointed out that the ruling is not contested and 'departed from this approach because the bus driver "was forced to brake suddenly." The passenger, in short, will have 'right to only a modest compensation.
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