Jerusalem Court Orders 824,000 NIS Compensation for Volunteer's Walkway Fall
A Jerusalem court awarded 824,000 NIS to a doctoral graduate injured outside a mental health hostel. The association bears 75% liability and apartment owners 25%.
A 30-year-old doctoral graduate who volunteered at a Jerusalem mental health rehabilitation hostel will receive approximately 824,000 NIS in compensation and legal expenses after tripping on a hazardous walkway outside the facility. The Jerusalem Magistrate's Court ruled that the "Marpe LaNefesh" association bears 75% of the liability, while select apartment owners in the building are responsible for the remaining 25%.
The incident occurred in December 2019 along the pedestrian approach to the hostel, which is located in a multi-entrance residential building. The plaintiff, who completed her doctoral studies in January of the previous year, suffered a severe fall due to missing curbstones and sunken interlocking pavers that created a hidden trap near the stairs. A court-appointed medical expert assessed her with a 10% permanent disability due to ankle movement restrictions and an identical 10% disability for surgical scarring.
Court Findings and Liability Breakdown
Judge Nail Mahajna rejected the defendants' attempts to evade responsibility. The association argued that maintenance obligations rested with the property owners, whereas the residents claimed liability lay with the employer and occupier of the premises. The court established that volunteers are legally equated to employees regarding the duty of care, meaning the association was obligated to ensure a safe environment despite merely leasing the property.
The depression caused by missing curbstones and sunken pavers created a substantial depth. The location of this obstacle, on the right side of the path and very close to the stairs, created a hidden trap in the passageway that prevents safe walking and distracts the pedestrian's attention.
At the same time, the court attributed a 20% contributory negligence to the young woman, noting that she was familiar with the area and admitted she did not always watch the ground while walking.
Calculation of Damages and Academic Potential
In assessing damages, the court factored in the plaintiff's exceptional academic achievements, including her subsequent acceptance to a postdoctoral fellowship in London. Her functional disability was set at 10%, and future earning capacity was calculated based on the average salary of a university lecturer, amounting to 34,257 NIS.
After deducting for contributory negligence, the total net damages were set at 679,465 NIS. Furthermore, the association was ordered to pay the plaintiff 144,656 NIS in legal fees and expert expenses, alongside additional costs regarding third-party claims.
