A Jerusalem magistrate’s court has ruled that the Jerusalem Municipality must compensate a Mashbir leTzarchan employee who broke her ankle after tripping over an unmarked height difference in a pedestrian street in Jerusalem. Judge Daniel Mordechai found the city negligent for failing to mark the level changes and ordered it to pay about 127,000 shekels in damages and legal expenses, in addition to 66,000 shekels the woman received from National Insurance after the incident was recognized as a workplace accident.
The injury happened in July 2022, after a work meeting at the Mashbir branch in Zion Square. The woman was walking toward her car parked on Hillel Street and, while passing Herbert Samuel Street, did not notice the curb height difference, which she said appeared to be an “optical illusion.” She fell and fractured her ankle. In August 2023, after National Insurance recognized the event as a workplace injury, she sued the municipality, which denied responsibility.
A city employee who testified said he did not see a hazard there, only a small height difference typical between a sidewalk and a road. The judge rejected that position, saying the municipality had left a danger in the pedestrian area, namely an unmarked level change between Zion Square’s sidewalk or pedestrian street and Herbert Samuel Street, compounded by a defect in the edge stone that also contributed to the loss of balance and fall.
The court assigned the municipality 70% of the liability and ruled that the woman bore 30% contributory negligence. It noted that pedestrians must watch where they are going and said the accident could have been avoided had she done so carefully. On damages, the court accepted the expert it appointed, finding permanent impairment to her left ankle and left shoulder. It also noted that about six months after the accident she resigned from Mashbir, which she said was because of her medical condition, and that since June last year she has worked as a franchisee for a gifts, design and gadgets chain. After reducing for contributory negligence, the municipality was ordered to pay roughly 103,000 shekels plus about 24,000 shekels in attorney’s fees.
