Israeli Court Awards Quarter Million Shekels to Woman Injured in Gym Accident
Translated & summarized from Ynet by baba
A Haifa court ordered a fitness studio and its insurers to pay approximately NIS 250,000 to a woman injured during a box jump exercise in August 2019. The court found the studio negligent for placing equipment too close to the exercise area, leading to the woman's fall and spinal injuries. While assigning the woman 20% contributory negligence, the judge awarded damages for lost earnings, pain and suffering, and medical expenses, totaling around NIS 213,000 plus legal fees.
The story in 6 lines · by baba
- A Haifa court awarded approximately NIS 250,000 to a woman injured in a Tel Aviv gym in 2019.
- The woman suffered a fractured vertebra and disc herniations during a box jump exercise.
- The court found the studio negligent for placing equipment too close to the exercise area.
- The plaintiff was assigned 20% contributory negligence for not exercising sufficient caution.
- Compensation covers lost earnings, pain and suffering, and medical expenses.
- The ruling included approximately NIS 50,000 for attorney fees and court costs.
A Haifa Magistrate's Court has awarded approximately NIS 250,000 (about $68,000 USD) in compensation and legal expenses to a woman who was injured during a fitness class in Tel Aviv. The incident occurred in August 2019 when the plaintiff, then a 30-year-old officer in the IDF, was participating in a "box jump" exercise. She lost her balance, fell backward, and sustained a fractured vertebra and additional disc herniations in her spine. The court found that a piece of equipment placed nearby created an unreasonable risk and that those responsible should have prevented it.
The woman filed a lawsuit in April 2022, alleging negligence due to an unsafe training environment, the presence of equipment in the activity area, and inadequate supervision. She maintained that she performed the exercise according to the coach's instructions and should not be held responsible for her fall. The defendants, including the studio represented by attorney Sagit Zohar, argued they acted professionally and safely, and that the participant assumed the inherent risks of sports activity, attributing the accident to her own carelessness and deviation from instructions.
Insurance companies involved also raised defenses. Shumra, the studio's insurer, claimed the incident was professional liability not covered by its policy. Phoenix, which insured the coach, initially claimed no coverage due to policy expiration and later due to cancellation for non-payment. Judge Hadar Masori accepted the plaintiff's account that she fell on a piece of equipment positioned behind her, citing her friend's testimony and medical documentation. The judge ruled that it was foreseeable for a participant to lose balance backward during a jump, making the placement of equipment nearby negligent.
However, the court also assigned the plaintiff 20% contributory negligence, stating she should have exercised more caution, such as choosing a less strenuous variation of the exercise or moving the box away from nearby equipment. The court-appointed expert determined the plaintiff had a permanent disability of 10%, which the judge equated to her functional disability, considering her difficulties with prolonged sitting and travel. Compensation was awarded for future lost earnings, pain and suffering, pension losses, assistance from others, and medical expenses. After deducting the contributory negligence, the total compensation was approximately NIS 213,000, plus about NIS 50,000 in attorney fees and court costs. The insurance companies' claims of no coverage were rejected, and they were ordered to cover their respective portions according to their policies.