He went in to buy borax - and left with a quarter of a million shekels

The customer came in to buy borax, slipped in the bakery and was compensated with NIS 235,000.

Why did this happen?

The explanation inside

David Rosenthal

23/12/2021

Thursday, 23 December 2021, 09:05 Updated: 10:20

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A customer who entered a bakery in Tel Aviv to buy borax slipped on leaving it and injured his right shoulder.

Recently, as part of a compromise agreement, it was decided that it would be compensated in the amount of no less than NIS 235,000.

The incident took place in 2015, when S., a 58-year-old man, entered a bakery on Hagana Street in Tel Aviv.

After buying and leaving the bakery, he slipped on a wet ramp at the entrance of the bakery, and as a result fell to the ground.

Within minutes, a Magen David Adom mobile arrived and evacuated him for medical treatment.

At the hospital he was diagnosed with a severe injury to his right shoulder and it was later determined that due to the accident, he lost his ability to work and was caused a 15% disability.

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Yes, borax can be an expensive business (Photo: Alon Mesika)

Adv. Yosef Kostika (Photo: Yachz)

According to his attorney, Adv. Yosef Kostika, an expert in insurance and tort law, the damage caused to the plaintiff originated in a ramp that is defined as dangerous and that the defendant did nothing to prevent the accident, although she had to do so. It is also alleged that the bakery operated in a way that a real estate or reasonable and experienced person would not have done in the circumstances of the case and the place, and that it was a negligence in maintaining an obligation to prevent a safety hazard in the public domain. The defendant refrained from spending the necessary expenses to prevent the damage and it was enough to dry the ramp and / or place a sign because there is a wet area to completely prevent the occurrence of the accident and its serious consequences.

On the other hand, the bakery and its insurance company "Insurance Company Training" claimed that there was no defect in the said ramp, and that the bakery took all reasonable precautions and safety measures, in order to prevent the incident in question.

According to her, the bakery could not and should not have anticipated the incident of the injury and that she made sure that the bakery's environment and access roads to it were normal, safe to use and free from any danger.

It is also a contention that the defendant did not violate any duty of care and in fact the responsibility for the accident rests precisely with the plaintiff, who stepped on the ramp without noticing where he puts his feet.

On the merits of his medical condition after the accident, the defendants argued that the accident did not cause the plaintiff any pecuniary damages and did not reduce his ability to function at all.

At the end of the day, as part of a settlement agreement, it was determined that without admitting her responsibility, the defendants will pay a total of NIS 235,000, in addition to the amount of money he received from Social Security, for final settlement of all plaintiff's claims.

• Of money

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• borax

• Compensation