Court Awards Woman Partial Compensation for Damaged Belongings After Storage
A woman who used a storage company, Sarit Mekluf, was awarded partial compensation after discovering that 15 out of 35 boxes she had stored were returned with their contents "severely crushed." Mekluf sued the storage company, "Avia" Storage Services, for 14,432 shekels, alleging systematic negligence. She also claimed the company failed to disclose that fragile items like glass should not be packed, and even sold her bubble wrap for protecting such items. Mekluf further stated that her sister, who also used the company, received over half her items broken, and her minor son was injured while unloading the damaged boxes.
The storage company argued that a binding agreement, confirmed by phone and email, stipulated that storing glass items would void their liability. They claimed this was a standard industry exclusion, similar to insurance policies. The company denied responsibility for the son's injury and stated they had offered settlements ranging from 150 to 700 shekels.
Senior Registrar Adi Lachner ruled that while 15 boxes were indeed returned damaged, the company could not entirely disclaim responsibility. He found that the company had not properly disclosed the prohibition on storing glass items, especially since they sold protective wrapping. However, Lachner also assigned partial responsibility to Mekluf, stating that packing delicate items without explicit prior declaration violated the mutual duty of care. Since Mekluf provided no receipts or appraisals for the damaged goods, the court based the maximum potential damage on the company's own policy of 500 shekels per box, totaling 7,500 shekels. Considering Mekluf's partial fault and lack of proof of value, the court awarded her 2,000 shekels for property damage. Claims for her son's injury, emotional distress, and punitive damages were dismissed due to insufficient evidence or legal basis. The company was ordered to pay Mekluf a total of 2,500 shekels, including 500 shekels in reduced legal costs.
