Israeli Court Orders Municipality to Pay Half Compensation for Playground Injury
The Petah Tikva Magistrate's Court recently ruled that a young woman injured at a playground in Rosh HaAyin must be compensated approximately 90,000 shekels. The court found the municipality partially responsible and ordered it to pay 50% of the damages. The playground equipment owner was assigned 20% liability, while the injured woman was deemed 30% contributorily negligent.
The incident occurred in January 2021 at the "Gan HaYarkon" playground when the woman tripped over a sunken curb stone and a height difference between it and the rubber surface, which she claimed was improperly fixed. She fell hard on her right side, suffering an ankle fracture. Her husband, sitting nearby, heard her cries and came to assist.
The woman sued the municipality for about 275,000 shekels, alleging negligence for failing to repair the hazard, fence the area, post warning signs, or supervise the playground properly. The municipality denied responsibility, attributing the damage to vandalism beyond its control and asserting it acted reasonably and cautiously. It also argued the woman sustained no functional disability.
The municipality filed a third-party claim against the playground equipment owner, who argued its responsibility was limited to equipment inspection, not overall playground maintenance including curb stones. The judge rejected both defenses, citing lack of evidence and contractual obligations covering surface maintenance. The court assigned 70% fault to the municipality, 20% to the equipment owner, and 30% to the plaintiff for insufficient personal caution.
An expert medical opinion confirmed the woman suffered a permanent 5% disability in her right ankle. The court awarded her 70,852 shekels for various damages including lost wages, pension loss, pain and suffering, medical expenses, travel, and expert fees, plus 16,721 shekels in attorney fees. The municipality and equipment owner must pay according to their assigned shares. The ruling underscores municipal liability even when maintenance is contracted out and highlights personal responsibility in public spaces.
