Elderly Woman Awarded 90,000 Shekels After Falling in Pothole

An elderly woman, approximately 80 years old, will receive 90,000 shekels in a settlement after a routine trip to the clinic in 2025 resulted in a fall, a fractured shoulder, and subsequent legal proceedings. The incident occurred when the woman encountered a pothole on a sidewalk in a central Israeli city, near a construction site. She lost her balance, fell forward, and sustained injuries to her left shoulder and right knee.

Following hospitalization, where multiple fractures in her left shoulder were diagnosed, she was discharged for further treatment. Although the fractures healed properly within three months, she continued to experience pain and significant limitations in shoulder movement, requiring pain medication and assistance with household tasks.

She filed a lawsuit at the Bat Yam Magistrate's Court, represented by attorney Lital Bieber-Haikin, alleging negligence by both the municipality and the construction company operating nearby. The lawsuit claimed the municipality failed to maintain the sidewalk, repair the hazard, or post warning signs, while the construction company was accused of creating or failing to prevent the hazard and ensure safe passage for pedestrians around the work site.

To support her claim of medical damages, the woman presented an orthopedic expert's opinion stating she had a permanent disability of 15% due to the fall and remaining limitations. The municipality and construction company contested their responsibility and the extent of the damages, with their own expert estimating a permanent disability of only 5%.

Despite the disputes over liability and the severity of the injury, the municipality and construction company opted to settle before a judicial decision. The agreement, approved by the Bat Yam Magistrate's Court, stipulates that each party will pay 45,000 shekels, totaling 90,000 shekels for the woman, without the court ruling on the core issues of responsibility or disability.