Ashkelon Municipality Ordered to Pay Over 1 Million Shekels for Woman's Fall

The Ashkelon Municipality has been ordered to pay over 1 million shekels to a 26-year-old woman who fell into an uncovered pit concealed by palm fronds. The Herzliya Magistrate's Court ruled that the local authority was negligent in maintaining the street where the incident occurred in October 2019.

The woman was taking out trash when she slipped on palm branches left from the Sukkot holiday, falling into the pit. She suffered a broken ankle and other injuries, and the accident prevented her from enlisting in the IDF as planned. She testified that the sound of her bone breaking still echoes in her ears.

The court-appointed expert determined the woman sustained a permanent disability of 28% as a result of the fall. The municipality argued the accident was unproven and, if it occurred, was solely the woman's fault, suggesting she should have walked differently. However, Judge Chen Mairovich accepted the plaintiff's claim, finding the municipality negligent for failing to secure the pit, which had been left open after a trash receptacle was removed.

The judge noted the "gross neglect" of the area and stated the municipality could have easily prevented the accident by covering or at least cordoning off the pit. Despite finding the municipality solely responsible for the incident, the court assigned the woman 15% contributory negligence, citing the darkness and her obligation to tread carefully. The total compensation, including lost earnings, medical expenses, and pain and suffering, was initially set at approximately 949,522 shekels. This was later adjusted to over 1 million shekels due to a clerical error. After deducting the woman's contributory negligence, the municipality and its insurer, Migdal, were ordered to pay her approximately 849,594 shekels, plus 200,000 shekels for legal fees and court costs.