Shufersal Ordered to Pay $47,000 After Customer Slips in Store

A Beersheba court has ordered Israeli retail giant Shufersal to pay over 170,000 shekels (approximately $47,000) in compensation to a customer who slipped and injured her dominant hand in a store in June 2018. The customer, represented by attorneys Yoram and Tal Mazo, suffered an 11.8% functional disability and sued Shufersal in 2022 for damages.

Shufersal denied the incident occurred, claiming responsibility lay with the cleaning company that serviced the store. The retail chain also argued the customer was solely or primarily negligent, having seen cleaning work in progress and choosing to proceed anyway, taking an unreasonable risk. Shufersal filed a third-party claim against the cleaning company.

The cleaning company, represented by attorney Rina Agulsky, countered that its advanced cleaning equipment leaves no excess water or soap on the floor. They suggested the wetness might have been caused by another shopper moments after the cleaner passed. The cleaning company also cited their contract, limiting their liability to damages directly caused by their actions or omissions.

Judge Yaron Golan ruled in favor of the customer, noting Shufersal's unexplained failure to present security footage of the incident. The judge stated this omission supported the conclusion that the event occurred and was attributable to Shufersal. He also accepted the cleaning company's argument that Shufersal's handling of the cameras created a "evidentiary deficit," placing the burden on Shufersal to prove its negligence did not cause the damage.

The court dismissed Shufersal's claim against the cleaning company, ruling the company is only liable for damages stemming from its direct actions or omissions, which Shufersal failed to prove. The judge emphasized the cleaning company is not responsible for the actions of Shufersal employees or other customers without a specific contractual provision. Consequently, Shufersal bears full responsibility, minus a 5% contributory negligence by the plaintiff, for the approximately 170,000 shekel compensation and over 39,000 shekels in legal costs and attorney fees. Shufersal was also ordered to pay 15,000 shekels in costs to the cleaning company.

Attorneys for the customer hailed the ruling as recognition of her damages and Shufersal's full responsibility, highlighting the duty of retail chains to effectively monitor their stores. The cleaning company's attorney noted the importance of the ruling in rejecting the common claim that large chains can shift all liability for cleaning-related incidents to smaller cleaning companies.