T., a 75-year-old pensioner from Mevasseret Zion, went for a routine walk near her home, but was seriously injured after her foot hit protruding paving stones that were lifted out of place due to the roots of trees and bushes that had grown there.
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The accident occurred in the early morning hours of February 22, 2023, when T. was walking with her husband on the public sidewalk located in an alley between Keren Hayesod Street and the 'Hiovel' Middle School in Mevaseret Zion. Following her collision with stones, T. lost her balance, fell hard to the ground, and injured her pelvis.
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The woman was immediately evacuated, with the help of her husband and another person, to an orthopedic trauma center, where she was diagnosed as suffering from a pelvic fracture.
Following the fall, the plaintiff was confined to her bed for several days.
After several days in which the plaintiff was confined to her bed and suffering from pain, the plaintiff was examined at home by a doctor who decided to send her for a series of tests at a hospital in order to rule out additional injuries.
At the hospital, T. underwent a series of comprehensive tests and scans, which revealed several fractures in her pelvis and right shoulder.
Following her injury, T. was forced to use a wheelchair and later a walker for several weeks.
Following the damage, T., through her lawyer, Itamar Ben Ami, filed a lawsuit with the Rishon LeZion Magistrate's Court against the Mevaseret Zion Local Council. The lawsuit claims that the council was negligent in failing to maintain the sidewalk, repair the dangerous hazard, and ensure the safety of pedestrians in the area.
Although a medical expert on behalf of the defendant, Dr. Gad Bialik, determined that L.H. did not have a permanent disability, and despite the plaintiff being a pensioner, so the accident did not result in any loss of income, the parties reached a compromise whereby the Mevaseret Zion Local Council would pay L.H. compensation in the amount of 66,192 shekels.
The compromise agreement was recently approved by Judge Yaniv Jeremiah of the Rishon LeZion Magistrate's Court and received the force of a judgment.
Attorney Itamar Ben Ami, representing T., said following the settlement: "It has been proven once again that local authorities must ensure the proper functioning of the sidewalks, paths, and public spaces operating within their jurisdiction, in order to ensure the safety of passersby. The settlement agreement reached in this case emphasizes the authorities' duty to maintain the safety of residents and to avoid negligence in the maintenance of public spaces.".
