Fall in a Public Place: What to Do and What to Claim

Fell in a Public Place? Here Is What You Need to Do Right Now

A fall in a public place — on a sidewalk, in a shopping center, in a park, or in a government office — can cause serious injuries and significant financial damage. Knowing how to act immediately after a fall and understanding your legal rights can make a crucial difference in the outcome of your claim.

Immediate Steps After a Fall

The moments immediately after a fall are critical for preserving evidence and protecting your legal rights:

• Document the hazard: Photograph the scene from multiple angles, capturing the hazard that caused the fall, the surrounding area, any missing or damaged signs, lighting conditions, and the time of day.
• Act fast — security footage is deleted: Security camera recordings are typically erased within 30–72 hours. Contact the property owner or the relevant authority immediately to request that footage be preserved.
• Gather witness information: Collect names and phone numbers of anyone who witnessed the fall.
• Seek medical attention: Go to an emergency room or clinic even if the pain seems mild. A medical record from the day of the incident is an important piece of evidence.
• Report the incident: Report to the mall management, the municipal inspector, or the relevant authority and ask for a written confirmation of the report.

The 60-Day Notice Requirement

When the fall occurred on property owned by a local authority — a sidewalk, a road, a public park, or a municipal building — the law imposes a critical procedural requirement: written notice must be submitted to the local authority within 60 days of the incident.

This is not merely a recommendation — it is a statutory condition under the Civil Wrongs (Liability of Local Authorities) Law. Failure to submit the notice on time may result in the court dismissing the claim entirely, regardless of its merits. If you were injured in such a location, contact an attorney immediately to ensure the notice is filed within the deadline.

Who Is Liable for a Fall in a Public Place?

Liability depends on who owns or controls the location where the fall occurred:

• Local authority: Responsible for sidewalks, roads, public parks, and municipal buildings. Liability arises under the Civil Wrongs (Liability of Local Authorities) Law and under Section 35 of the Torts Ordinance (negligence).
• Private business: A store, restaurant, bank, or shopping mall is responsible for maintaining its premises in a safe condition for visitors. Liability arises from the Occupiers’ Liability Law and under Section 35 of the Torts Ordinance.
• Both parties jointly: In some cases — for example, a fall in a shopping mall that is partly on a municipal sidewalk — both the local authority and the private owner may be jointly liable.

Negligence Under Section 35 of the Torts Ordinance

Most public place fall claims are based on negligence under Section 35 of the Torts Ordinance. To establish liability, you must prove:

1. A duty of care existed toward you.
2. The duty was breached — the responsible party failed to maintain the place reasonably safely.
3. The breach caused your injury.
4. You suffered actual damage.

In cases where the injured person cannot explain exactly how the hazard was created, Section 41 of the Torts Ordinance (res ipsa loquitur — “the thing speaks for itself”) may shift the burden of proof to the defendant to show they were not negligent.

Contributory Negligence

Israeli courts sometimes reduce the awarded compensation by 20–30% if the injured person contributed to the accident — for example, by wearing inappropriate footwear, being distracted by a phone, or not paying attention to their surroundings. An experienced attorney can minimize this reduction or counter it entirely.

What Can You Claim?

A fall in a public place may entitle you to compensation for multiple heads of damage:

• Medical expenses: Past, present, and future — surgeries, hospitalization, physiotherapy, medications, medical devices.
• Lost income: Days missed from work during recovery, reduced earning capacity if the injury is permanent.
• Pain and suffering: Courts award 50,000–150,000 NIS for moderate injuries; higher amounts for severe or permanent injuries.
• Functional and medical disability: If the fall caused permanent impairment — orthopedic, neurological, or other.
• Assistance and caregiving costs: If you needed help with daily tasks during recovery.
• Transportation costs: Trips to medical appointments.
• Property damage: Clothing, glasses, a phone, or other items damaged in the fall.
• Aesthetic damage: Scars or disfigurement resulting from the injury.

Why Choose Lev-Taieb Law Firm?

Lev-Taieb Law Firm specializes in personal injury claims, including falls in public places. With 19 years of experience, we have helped many clients obtain full compensation for their injuries. We offer flexible payment terms and a free initial consultation.

Contact us today at 072-2428822 — do not let time run out on your right to compensation.