Jerusalem Municipality Ordered to Pay 350,000 Shekels to Visually Impaired Elderly Man Injured by Construction Debris
In a recent ruling, the Jerusalem Municipality was ordered to pay approximately 350,000 shekels to a visually impaired elderly man who was injured after tripping over construction debris in the Har Homa neighborhood. The incident occurred in January 2022 when the widower, father of nine, was traveling by bus to visit his daughter. After being told by the driver to switch to another bus line, he disembarked and walked toward a bus stop across the street, where he fell due to debris obstructing the path.
The man sustained injuries primarily to his face, hand, and legs, including a displaced kneecap fracture that required surgery with a special plate and a subsequent operation due to infection. He underwent a lengthy rehabilitation process and testified that his injuries now prevent him from performing daily activities such as showering while standing or attending synagogue as he used to.
The municipality argued that the man was partly responsible because he was not wearing his glasses at the time, and alternatively blamed contractors for leaving the debris. However, the court rejected these claims, noting photographic evidence showing the man wearing glasses and determining that the hazardous metal mesh concealed by pavement stones and sand was difficult to see, especially for someone with poor vision.
Judge Orna Sandler-Eitan ruled that the municipality bears full responsibility for failing to remove the dangerous obstacle, emphasizing its duty to maintain safe public pathways and accommodate people with disabilities, including the visually impaired. The court also highlighted the inconsistency in requiring accessibility for disabled individuals while diminishing municipal liability for hazards on routes leading to accessible bus stops.
The parties agreed on a permanent orthopedic disability rating of 20% and a 10% disability due to scarring. The municipality was ordered to pay 277,000 shekels for damages plus about 70,000 shekels for legal fees. The plaintiff was represented by attorney Dudu Ben Azri, and the municipality by attorney Shahar Novik. Attorney Tarek Khoury, specializing in personal injury, also contributed to the case.
