Tamra Municipality to Pay NIS 1.7 Million for Child's Eye Injury

The Tamra Municipality has been ordered to pay approximately NIS 1.7 million in damages to a 10-year-old boy who lost sight in his right eye after encountering a hazardous path near his home. The incident occurred on October 28, 2020, when the child left his home to go to a local grocery store. On his way back, he walked on an unpaved, sloped path about 10 to 15 meters from his house, which was described as being full of debris, including iron, wood, and trash. The boy tripped on a stone, fell, and a piece of wood from a cut branch lying on the path's edge penetrated his right eye.

Following the accident, the child underwent six surgeries over two years, including one for retinal detachment. By late 2023, his right eye was deemed completely blind, atrophied, and strabismic, resulting in a 38.5% overall medical disability. The family filed a lawsuit against the Tamra Municipality, alleging responsibility for maintaining the area's infrastructure, including the path, which they claimed was in a "completely unsafe" condition and littered with hazards.

The municipality denied liability, arguing that the exact cause of the fall was not proven and that the mention of a specific stone only appeared in a later affidavit, suggesting a fabricated account. They also pointed to initial medical records stating the cause of injury was unknown. The defense alternatively claimed significant contributory negligence by the child.

However, Judge Ibrahim Boullos of the Haifa District Court largely rejected the municipality's arguments. Citing photographic evidence of the path, he described it as "dangerous, sloped, extremely damaged, full of rocks and other hazards, and unsuitable even for careful walking." The judge emphasized that the municipality had failed to take any action to clear the debris, repair the path, or even fence it off, despite the hazardous conditions existing for a long time.

The court also dismissed the municipality's claim of a "concealed version" regarding the stone, attributing the discrepancy to the child's young age and the traumatic nature of the event. The judge noted that the initial medical record was likely made by the father, who was not present, while the hospitalization summary mentioned an injury from a tree branch. The claim of parental negligence was also rejected, with the court stating it was unreasonable to expect parents to supervise a child constantly in their immediate vicinity.

Contributory negligence was partially accepted at 15%, based on the child's testimony that he was walking quickly on a familiar path. Ultimately, the Tamra Municipality was ordered to pay NIS 1,709,698 in compensation, plus 20% attorney fees and NIS 15,000 in court costs, after the deduction for contributory negligence.