Israeli Court Awards Over 4 Million Shekels in Wrongful Death Lawsuit

A Tel Aviv District Court has awarded over 4 million shekels to the widow and children of a water polo player who drowned 11 years ago during a training session at Kibbutz Shami's pool. The ruling, made by Judge Yossi Bracha, allocates approximately half of the total sum to the deceased athlete's 17-year-old son, who witnessed the tragic event and has since suffered from post-traumatic stress disorder (PTSD).

The 53-year-old Israeli, a player for the Hapoel Shami Galil Elyon water polo team, reportedly went underwater unnoticed at the end of a training session. His body was discovered at the bottom of the pool six minutes later, after the training had concluded. Despite resuscitation efforts, he could not be saved.

The family filed a lawsuit against Kibbutz Shami, alleging negligence for failing to have a lifeguard present during the training. The kibbutz and its insurer argued that a lifeguard was unnecessary for experienced athletes. However, the court rejected this defense, ruling that water polo training, like general public access to the pool, requires lifeguard supervision. The court emphasized that the risk of drowning is the same regardless of whether one is swimming freely or participating in a training session.

The court determined that the absence of a lifeguard constituted a violation of the law and negligence, stating that a lifeguard likely would have noticed the player submerging and potentially saved his life. The court also confirmed that drowning was the cause of death, based on evidence that the player was underwater for at least six minutes and that water emerged from his mouth during resuscitation.

As a result of witnessing the incident and its aftermath, the athlete's son developed PTSD, with his psychiatric disability assessed at 50%. He will receive 2 million shekels, minus National Insurance benefits. The widow will receive approximately 900,000 shekels after her survivor's pension is deducted, and the three other children will each receive 155,000 shekels. The kibbutz is also ordered to pay the family's legal fees, estimated at around 800,000 shekels.