B., an infrastructure worker, who fell on his way to the synagogue due to a gap between interlocking stones that he said were moving on the sidewalk, sued the Beit Shemesh Municipality for medical limitations he was left with following the accident. <\/p>\n\n\n\n
For its part, the municipality denied that the accident even occurred, denied any responsibility for it, and even provided a medical opinion stating that B. did not suffer from any physical disability.<\/p>\n\n\n\n
Despite this, the municipality recently agreed to compensate B. with more than 105,000 shekels.<\/p>\n\n\n\n
According to the prosecution, the incident occurred on Saturday morning, in early February 2024. B., an independent business owner in the infrastructure sector, left his home on his way to the synagogue in his city of Beit Shemesh.<\/p>\n\n\n\n
According to B., while walking towards the synagogue, his foot suddenly encountered a crack that had opened between the paving stones and got stuck in it. As a result, B. lost his balance and slammed into the pavement with great force, while his foot was released too late from the crack between the paving stones. According to him, as a result of the fall, he was injured in all parts of his body, and in addition, the injury to his foot caused him severe pain.<\/p>\n\n\n\n
Despite the injury, it was only in the evening, after the pain had not gone away but had increased, that B. went to the clinic on his own, where a fracture in his foot was diagnosed. A back splint was placed on his foot, and he was instructed not to step on it. The cast was later removed, and B. continued to receive medical follow-up. However, according to him, even months after the accident, the recovery was still not fully complete.<\/p>\n\n\n\n
According to B., following the injury he began to suffer from pain and many limitations, needed the help of his family members and was absent from work for an extended period, while this caused him heavy losses of income, in the past and in the future.<\/p>\n\n\n\n
In his distress, B. turned to lawyer Itamar Ben Ami, who deals with exercising rights against insurance companies and municipalities, who filed a lawsuit on his behalf against the Beit Shemesh Municipality in the Jerusalem Magistrate's Court.<\/p>\n\n\n\n
The lawsuit claims that before the accident, B. was a healthy man who worked as an independent infrastructure installer and as a contractor for a well-known infrastructure company. His work, it is alleged, involved long walks, carrying heavy equipment, and extensive movement between work sites. After the accident, it is alleged, B. has great difficulty continuing in his profession, and as a result, he has suffered heavy losses in income.<\/p>\n\n\n\n
According to Attorney Ben Ami, the municipality was negligent in maintaining the sidewalk, did not locate the hazard in time, did not repair or remove it, and did not take reasonable precautions that could have prevented the accident.<\/p>\n\n\n\n
The lawsuit claims that the Beit Shemesh Municipality is responsible for maintaining the street and sidewalk where the accident occurred, and therefore must bear B's full damages, including lost wages, social and pension rights, medical and travel expenses, third-party assistance, pain and suffering, loss of the pleasures of life, and damage to future earning capacity.<\/p>\n\n\n\n
In its defense, the Beit Shemesh Municipality rejected the claims against it and requested that the lawsuit be dismissed outright, claiming that no factual or legal basis was established for imposing liability on it.<\/p>\n\n\n\n
According to the municipality, no hazards were found on the sidewalk, it was completely normal - and this is proven by the photos presented by the plaintiff, which do not indicate a significant hazard. It was also claimed that the plaintiff knew the place well and had passed by it many times over the years, but never reported a hazard in the area to the municipality.<\/p>\n\n\n\n
The municipality also argued that a local authority cannot be expected to ensure that every sidewalk and road is in good condition at all times, and that residents must also report hazards. It claims that even if the accident occurred, it was a normal risk associated with walking in public spaces, and not a hazard that imposes liability on it.<\/p>\n\n\n\n
The municipality added and claimed that the responsibility for the fall lies with B. himself, because he acted carelessly, recklessly, and inattentively to the road, and therefore he should be held fully responsible for the accident.<\/p>\n\n\n\n
The parties also disagreed substantially regarding the medical damage: the municipality submitted an opinion from an orthopedic expert on its behalf, who examined B. and determined that the fracture in his leg had fully healed, his range of motion was normal, no significant limitations were found, and he was not left with a permanent disability as a result of the accident.<\/p>\n\n\n\n
The municipality further claimed that B. continued to work in his field of occupation and even improved his salary after the accident, and therefore there is no basis for a claim of functional or economic impairment. It claims that to the extent that he has any remaining medical limitations, they may have originated from a significant car accident in which he was involved about a decade earlier, and not from the fall at the center of the proceedings.<\/p>\n\n\n\n
Due to the differences in positions between the parties, a legal process was conducted, during which pleadings and medical opinions were exchanged. During the hearing, the court hinted that it would be better for the parties to reach agreements outside the courtroom.<\/p>\n\n\n\n
After lengthy negotiations, the parties reached an agreement, in which the Beit Shemesh Municipality did not admit responsibility for the accident, but agreed to compensate the plaintiff in accordance with the law and for the purpose of a full and final end to the dispute.<\/p>\n\n\n\n
As part of the agreement, it was determined that the Beit Shemesh Municipality would compensate B. for a total amount of 105,000 shekels. <\/p>\n\n\n\n
The Jerusalem Magistrate's Court recently approved the settlement agreement and gave it the force of a judgment.<\/p>\n\n\n\n
According to Attorney Itamar Ben Ami, municipalities and local councils throughout the country are responsible for maintaining public spaces, and any accident that causes harm to passersby and leaves them injured may result in compensation, if the injured are able to assert their rights.<\/p>","protected":false},"excerpt":{"rendered":"\u05d1', \u05e2\u05d5\u05d1\u05d3 \u05ea\u05e9\u05ea\u05d9\u05d5\u05ea, \u05e9\u05e0\u05e4\u05dc \u05d1\u05d3\u05e8\u05db\u05d5 \u05dc\u05d1\u05d9\u05ea \u05d4\u05db\u05e0\u05e1\u05ea \u05d1\u05e9\u05dc \u05de\u05e8\u05d5\u05d5\u05d7 \u05d1\u05d9\u05df \u05d0\u05d1\u05e0\u05d9\u05dd \u05de\u05e9\u05ea\u05dc\u05d1\u05d5\u05ea \u05e9\u05dc\u05d3\u05d1\u05e8\u05d9\u05d5 \u05d6\u05d6\u05d5 \u05d1\u05de\u05d3\u05e8\u05db\u05d4, \u05ea\u05d1\u05e2 \u05d0\u05ea \u05e2\u05d9\u05e8\u05d9\u05d9\u05ea \u05d1\u05d9\u05ea \u05e9\u05de\u05e9 \u05e2\u05dc \u05de\u05d2\u05d1\u05dc\u05d5\u05ea \u05e8\u05e4\u05d5\u05d0\u05d9\u05d5\u05ea \u05e9\u05e0\u05d5\u05ea\u05e8\u05d5 \u05dc\u05d5 \u05d1\u05e2\u05e7\u05d1\u05d5\u05ea \u05d4\u05ea\u05d0\u05d5\u05e0\u05d4. \u05d4\u05e2\u05d9\u05e8\u05d9\u05d9\u05d4 \u05de\u05e6\u05d3\u05d4 \u05d4\u05ea\u05db\u05d7\u05e9\u05d4 \u05e9\u05d4\u05ea\u05d0\u05d5\u05e0\u05d4 \u05d0\u05e8\u05e2\u05d4 \u05d1\u05db\u05dc\u05dc, \u05d4\u05db\u05d7\u05d9\u05e9\u05d4 \u05db\u05dc \u05d0\u05d7\u05e8\u05d9\u05d5\u05ea \u05d1\u05e0\u05d5\u05d2\u05e2 \u05d0\u05dc\u05d9\u05d4, \u05d5\u05d0\u05e3 \u05e1\u05d9\u05e4\u05e7\u05d4 \u05d7\u05d5\u05d5\u05ea \u05d3\u05e2\u05ea \u05e8\u05e4\u05d5\u05d0\u05d9\u05ea \u05e9\u05e7\u05d1\u05e2\u05d4 \u05db\u05d9 \u05d1' \u05dc\u05d0 \u05e1\u05d5\u05d1\u05dc \u05de\u05e9\u05d5\u05dd \u05de\u05d2\u05d1\u05dc\u05d4 \u05d2\u05d5\u05e4\u05e0\u05d9\u05ea. \u05d7\u05e8\u05e3 \u05db\u05da, \u05dc\u05d0\u05d7\u05e8\u05d5\u05e0\u05d4, \u05d4\u05e1\u05db\u05d9\u05de\u05d4 […]","protected":false},"author":47,"featured_media":1046557,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[4],"tags":[74,65986,63455,2767],"class_list":["post-1059297","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-4","tag-74","tag-65986","tag-63455","tag-2767"],"acf":[],"yoast_head":"\n