Jerusalem Mall Ordered to Pay Woman $35,000 for Fall Injury
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The Jerusalem Magistrate's Court ordered the Hadar Mall to pay 130,000 shekels in compensation to a woman injured after slipping on an oil stain in September 2017. The court ruled the mall was fully liable, rejecting its claim that a cleaning company shared responsibility. The mall must also reimburse the cleaning company for its portion of the payout and cover legal costs.
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- Jerusalem's Hadar Mall must pay 130,000 shekels compensation for a woman's fall injury.
- The court ruled the mall solely responsible, rejecting claims against the cleaning company.
- The woman slipped on a machine oil stain near an exit in September 2017.
- The mall failed to provide surveillance footage that could have explained the stain's origin.
- The mall is also ordered to reimburse the cleaning company and pay legal fees.
The Jerusalem Magistrate's Court has ordered the Hadar Mall in Jerusalem to pay approximately 130,000 shekels (about $35,000) in compensation to a woman who slipped on an oil stain, fell, and sustained injuries. Judge Michal Girshfeld rejected the mall's attempt to shift responsibility to its cleaning company.
The incident occurred in September 2017 when the woman slipped on a machine oil stain near an exit in an area where parking was prohibited. She subsequently filed a lawsuit against both the mall and its contracted cleaning company. The mall sought to recover any compensation paid from the cleaning company.
Initially, the mall and the cleaning company agreed to split the compensation payment of 130,410 shekels equally, pending a court decision on liability. The mall argued that the cleaning company, as a professional contractor responsible for parking lot maintenance and hazard removal, bore the primary responsibility. They claimed the oil stain was cordoned off after the fall, but the cleaner did not arrive for 35 minutes, which the mall considered a significant operational failure.
The cleaning company countered that its services were performed according to the contract, which did not obligate them to actively search for oil stains on the parking lot. They also stated they were not notified of the hazard before the woman's fall and that parking management was the mall's responsibility.
Judge Girshfeld sided with the cleaning company, ruling that the presence of a stain did not automatically make the cleaning service liable. The contract stipulated daily trash removal, weekly sweeping, and semi-annual washing, but not special patrols for hazards. The judge also dismissed the mall's argument about the cleaner's 35-minute delay, as the area was already secured and guarded after the incident. The court noted that the mall's failure to provide surveillance footage, which could have clarified the stain's origin, also worked against them. The judge found it probable the stain resulted from a vehicle parked illegally, a violation the mall was responsible for enforcing.
Consequently, the court ordered the Hadar Mall to pay the full compensation amount, reimburse the cleaning company for its 65,205 shekel share of the payment, and cover legal fees and attorney costs totaling 11,800 shekels.