Court Awards Woman $50,000 After Losing Unborn Child Due to Road Hazard

A court in Tel Aviv-Jaffa has ordered the local council of Zemer and the telecommunications company Bezeq to pay NIS 185,000 (approximately $50,000 USD) to a woman who suffered a miscarriage after tripping on a road defect. The incident occurred in January 2021 when the plaintiff, who was in advanced pregnancy, tripped over a height difference between the road and a Bezeq communication pit in the village of Yamma.

The court found both the Zemer Regional Council and Bezeq negligent in maintaining the road and the communication pit, leading to the accident. The judge assigned 80% of the responsibility to the Zemer Regional Council and 20% to Bezeq. The court rejected the defendants' claims that the fall was a "natural risk" or that responsibility lay solely with the other party, stating both entities were clearly negligent in creating and maintaining the hazard.

The woman, an Arabic language teacher, had parked her car and was crossing the road when her leg caught on the uneven surface. Prior to the fall, her pregnancy had been progressing normally, with all medical checks indicating a healthy fetus. However, three days after the fall, she began experiencing severe abdominal pain, which intensified. Five days later, she experienced intense labor pains and bleeding, leading to her hospitalization where she was informed the fetus had died.

A pathological examination of the placenta confirmed that the fall had caused premature placental abruption. The Zemer Council argued that the communication pit cover was solely Bezeq's responsibility and that it was forbidden for the council to make changes. Bezeq countered that the council had paved the road around the pit multiple times, raising the level without proper coordination or alignment with Bezeq, thus creating the hazard.

The court acknowledged the defendants' arguments but ultimately ruled that both were negligent, with the council bearing the larger share of responsibility for not coordinating the road construction around the pit. The judge also assigned a 10% contributory negligence to the plaintiff. The woman's lawyer stated that while the verdict is a small consolation for the "heavy and irreversible loss," they believe the compensation does not adequately reflect the severity of the tragedy and are considering an appeal to increase the awarded sum.