Falling on the sidewalk, down the steps of a shopping mall or supermarket: Who is responsible? Guide 2026

1. The legal basis: Torts Ordinance and the Law on Liability for Defective Products

1.1 פקודת הנזיקין [נוסח חדש] – התשכ”ח-1968

The main legal basis for claims for Falling down the stairs Found inפקודת הנזיקין [נוסח חדש], התשכ”ח-1968. The ordinance establishes two main avenues for litigation:

Article 36 – Negligence: “אדם חייב בנזק שגרם בו לזולתו ברשלנות.” הרשלנות מתבטאת בהפרת חובת זהירות שהיתה חלה על הנתבע כלפי התובע.

Article 40 – Nuisance: The tort of nuisance refers to unreasonable interference with the use of real estate or interference with a public right.

1.2 חוק האחריות למוצרים פגומים, התשמ”א-1980

AlthoughProduct Liability Law Mainly refers to products, the principles of Strict liability (Strict Liability) are also relevant to damaged structures and infrastructure in certain cases.

1.3 חוק התכנון והבנייה, התשכ”ה-1965

Planning and Construction Law Imposes planning and maintenance obligations on local authorities and building owners, the violation of which may constitute negligence.

1.4 Occupational safety regulations

Various regulations relating to safety in public places, including requirements for railings, lighting, warning signs, and more, constitute a benchmark for examining negligence.

2. Distinguishing between public and private land

2.1 What is public land??

Public real estate It is an area intended for general public use and is owned or managed by Public authority (municipality, local council, state). Examples:

• Sidewalks and streets
• Public gardens and parks
• Paths and stairs connecting public streets
• Public squares and plazas

2.2 What is private real estate??

Private real estate It is a privately owned area, even if the public enters it regularly. Examples:

• Shopping malls and private shopping centers (Malcha, Azrieli, Mamilla)
• Supermarkets and businesses (Rami Levy, Shufersal, Bitan Wines)
• Restaurants and cafes
• Private parking lots

2.3 Intermediate states: Common areas

there are Complex situations Where overlap occurs:

• Sidewalk adjacent to the mall: Is this the responsibility of the municipality or the mall owner?
• Shared entrance: An area that is used both as a public passage and as part of a private business
• Privately owned parking lot open to the public

3. Municipality's responsibility for public land

3.1 The local authority's maintenance obligation

according to Section 249 of the Municipalities Ordinance [New Version], The municipality is responsible for the ongoing maintenance of public property:

“רשות מקומית תהא אחראית לתקינות ולבטיחות המקרקעין הציבוריים שבתחומה.”

This obligation includes:

• Repairing broken or cracked stairs
• Replacing loose or missing tiles
• Installation of standard railings (According to Israeli Standard 1142)
• Adequate lighting In dangerous areas
• Warning signs In dangerous places
• Clearing snow, ice or slippery materials

3.2 Fix railings and stairs – Israeli Standard 1142

Israeli Standard 1142 Sets out specific requirements for railings and stairs in public buildings:

• Railing height: At least 1 meter
• Spacing between bars: לא יעלה על 12 ס”מ (למניעת נפילת ילדים)
• Step depth: 25-30 ס”מ
• Step height: 15-17 ס”מ
• Landing area: All 18 steps

Violation of the standard constitutes Strong evidence of negligence.

3.3 verdict: Jerusalem Municipality vs. Ruth Alkalai 

In this important judgment, Supreme Court Determined that The Jerusalem Municipality is responsible Regarding the damage caused to a civilian who fell down public stairs in the city center:

“רשות מקומית נושאת באחריות קפידה למצב המדרכות והמדרגות הציבוריות בתחומה. אין די בכך שהרשות לא ידעה על הפגם – עליה לבדוק באופן שוטף ולתקן פגמים המסכנים את הציבור.”

פסק הדין קובע שהעירייה לא יכולה להתנער מאחריות בטענה ש”לא ידעה” על הפגם.

3.4 When is the municipality not responsible??

Even if the land is public, there are cases where The municipality will be exempt.:

3.4.1 Force Majeure (Act of God)

• Extreme natural event Unforeseeable (earthquake, unusual snowstorm)
• The case must be Completely unexpected – Not enough heavy rain

3.4.2 Third party action

• if External factor (Contractor, vandal, protester) created the dangerous situation Shortly before The event
• The municipality must prove that it did not have Reasonable opportunity Address the problem

3.4.3 The victim's contribution

• If the victim acted inGross negligence (Drunkenness, reckless running despite signs)
• The victim ignoredClear warning signs

3.5 The statute of limitations

according to חוק ההתיישנות, התשי”ח-1958:

• Ordinary tort claim: 7 years from the date of the event
• Lawsuit against a public authority: requires Advance notice within 12 months From the date of the incident (Section 5A of the Torts Ordinance)

Very important: Failure to deliver a message May lead to the claim being dismissed!

4. Business owner liability on private real estate

4.1 A business owner's duty of care towards customers

Owner of a shopping mall, supermarket or any business A person has a duty of increased caution towards his clients. This duty arises from several sources:

4.1.1 חוק הגנת הצרכן, התשמ”א-1981

Consumer Protection Law Imposes safety obligations on service providers, including:

• Article 13: “עוסק לא ימסור שירות פגום”
• Article 14: הגדרת שירות פגום כולל “שירות שהיבטי הבטיחות שלו אינם עונים על הצפוי”

4.1.2 חוק הנכים (התאמת נגישות למקומות ציבוריים), התשנ”ח-1998

Accessibility Law Requires business owners to:

• Ramps Instead of or in addition to stairs
• Standard railings
• Marking stair edges In bold color
• Appropriate lighting

4.2 verdict: Cohen vs. Malha Mall

In a 2017 ruling, Jerusalem District Court I must Malha Mall In compensation of 350,000 ₪ To the woman who fell down the mall stairs due to:

• Lack of railing In a certain section
• Poor lighting In the stair area
• Non-maintenance of tile fragments noticed by workers two weeks ago

The judge ruled:

“בעל קניון המזמין אליו קהל רחב נושא באחריות מוגברת. אין די בכך שמדובר במקרקעין פרטיים – עצם ההזמנה הציבורית יוצרת חובת זהירות מוגברת.”

4.3 verdict: Goldstein vs. Rami Levy 

In a 2020 ruling, it was determined that Rami Levy chain Responsible for the fall on the entrance stairs to the branch because:

• Snow that hasn't been cleared from the stairs for 6 hours after he stopped going down
• Lack of warning signs On a smooth floor
• No spreading of salt or sand To prevent slipping

The compensation awarded: 280,000 ₪ + Legal costs.

4.4 Reasonable Expectations Test

The courts examine whether The business owner could expect The dangerous situation:

✓ expected: Floor wet from rain for hours, broken step reported by workers
✗ unexpected: Liquid spilled by a customer seconds before the fall, vandalism that occurred minutes before

4.5 The obligation of ongoing maintenance

A business owner is required to:

• Periodic inspections of the state of the stairs
• Test documentation (Maintenance book)
• Immediate repair of defects discovered
• Placing warning signs Until repaired

4.6 Liability of contractors and management companies

In many cases, The mall or supermarket Employed by:

• Management company Responsible for maintenance
• Cleaning contractor Responsible for snow/water removal
• Security company Which is supposed to identify dangers

The question: Who is responsible?

The legal answer:

• Business owner נושא באחריות ראשונית כלפי הלקוח (לא יכול “לזרוק” את האחריות על הקבלן)
• The business owner can sue The contractor or management company inRepeat claim (Third Party Claim)

5. Complex cases: Shared responsibility and intermediate situations

5.1 Sidewalk adjacent to the mall – who is responsible??

Common condition: Falling down the stairs located between the public street and the mall entrance.

An example from Jerusalem:

The entrance stairs toMamilla Mall From Mamilla Street – are these public or private properties?

The legal solution:

The courts consider several criteria:

1. Official ownership: Is the land registered in the land registry in the name of the municipality or a private owner?
2. Actual maintenance: Who actually cleans and maintains the area?
3. Public use: Are the stairs only used by mall customers or also by the general public?

verdict: Jerusalem Religious Council against the estate of the deceased so-and-so

This ruling stated:

“כאשר קיימת אי-בהירות לגבי האחריות, רשאי התובע לתבוע את Both factors together – העירייה ובעל העסק. בית המשפט יקבע את חלוקת האחריות בין הנתבעים.”

The practical resultIn many cases, it is determined: Shared responsibility:

• Municipality: 50%
• Mall owner: 50%

5.2 Privately owned parking lot open to the public

situation: A shopping mall or supermarket with an adjacent parking lot. The entrance to the parking lot is located from a public street.

question: If someone fell down the stairs in the parking lot – who is responsible?

answer:

• The private parking lot: The business owner is responsible
• but: If it concerns the entrance steps from the public street – there may be a division of responsibility.

5.3 Mahane Yehuda Market in Jerusalem – Unique case

Mahane Yehuda Market This is a particularly complex example:

• The alleys: Owned by the Jerusalem Municipality (public)
• The stores: Privately owned
• The stairs between the levels: Some are public and some are private

verdict: כהן נגד עיריית ירושלים ואח’ 

• The plaintiff fell down the stairs in the market.
• Sue the Municipality And you too The owner of the nearby store
• The court ruled: The municipality's sole responsibility (85%) – because the stairs belong to the public passage
• The store owner: 15% – because he did not provide sufficient lighting at the entrance to the store

6. Court rulings: Guiding precedents

6.1 verdict: Frankel vs. Tel Aviv Municipality 

The facts of the case:

• The plaintiff fell down the stairs on Rothschild Boulevard.
• המדרגה השנייה הייתה שקועה ב-5 ס”מ מהשלישית (אמורה להיות אחידה)
• The municipality claimed that the stairs were inspected a month earlier and no defects were found.

The verdict (Judge Barak):

“רשות מקומית אינה יכולה להסתפק בבדיקות תקופתיות בלבד. עליה ליישם Proactive maintenance regimen, which includes more frequent inspections in areas with intense traffic. The responsibility of the authority is Strict liability – די בכך שהפגם היה קיים, גם אם הרשות לא ידעה עליו.”

The compensation: 420,000 NIS (in 2002 terms).

The importance of precedentThis ruling established the principle that:The municipality's responsibility does not depend on worker knowledge. About the defect.

6.2 Danon vs. Azrieli Mall 

Facts:

• The plaintiff fell down the stairs at the Azrieli Mall in Tel Aviv.
• The reason: Loose railing That when she leaned on him, she fell

The verdict:

The court ruled Full responsibility of the mall:

“בעל קניון המעסיק אלפי מבקרים מדי יום נדרש To fix in Israeli 1142 Which requires inspection of railings Once a quarter. The mall violated this obligation. Failure to comply with the Israeli standard constitutes Conclusive proof of negligence.”

The compensation: 410,000 NIS + expenses.

6.3 Levy vs. Jerusalem Municipality 

Facts:

• התובע נפל במדרגות ציבוריות ברח’ יפו בירושלים
• The accident occurred in the evening hours – Street lights were not working.
• The first step was not highlighted in bold.

The verdict:

“שילוב של Two flaws – תאורה לקויה וחוסר סימון – יוצר מצב מסוכן במיוחד. העירייה ידעה על הפגם בתאורה (דווח שבועיים קודם) ולא טיפלה. זו רשלנות חמורה.”

The compensation: 195,000 NIS.

lesson: Combination of defects Tightens the liability.

6.4 Moshe vs. Shufersal 

Facts:

• The plaintiff fell on the entrance steps to the supermarket.
• The day before it fell heavy rain And the stairs were wet and slippery.
• לא היה שילוט “זהירות רצפה רטובה”

The verdict:

“בעל עסק חייב לצפות שבמזג אוויר גשום המדרגות יהיו חלקות. החובה היא Place warning signs, to spread sand or to lay Anti-slip rubber mats. אי-עשייה זו מהווה רשלנות.”

The compensation: 215,000 NIS.

6.5 Solomon Estate vs. Jerusalem Municipality 

Facts:

• An 82-year-old woman fell down the stairs near the light rail station.
• Died two weeks later from injuries.
• The stairs were No railing at all

Supreme Court ruling:

“זהו An extreme case of negligence. Public stairs without railings are a tangible danger to the public. Lack of railing Where the standard requires it to constitute Negligence per se (Negligence Per Se).”

Compensation for the estate: 1,850,000 NIS (including inheritance damages).

importanceThis ruling sharpens the Severity of neglect On public land.

7. How to prove responsibility?

7.1 Burden of proof

Basic principleThe plaintiff (the injured party) must prove:

1. Observance of a duty of care: That the defendant (municipality/business owner) owed a duty of care towards him
2. Breach of duty: That the defendant breached the duty (negligence)
3. damage: Actual damage caused
4. Causal relationship: that the damage was caused by the breach

7.2 Essential means of proof

7.2.1 Instant photos and documentation

Critical importance: Take a picture Immediately after the event:

✓ The The exact step or place Where did you fall?
✓ Notable defects: Fractures, cracks, loose tiles
✓ Lack of railing Or a damaged railing
✓ Poor lighting (Photographed both at the time of the fall and during the day)
✓ Warning signs – or their absence
✓ General condition of the region

Professional tip: Photographed fromNumber of angles – Near and far.

7.2.2 Witnesses

Eyewitnesses They are critical:

• People who saw the fall
• Passersby
• Business employees or security personnel

important: Accept Contact information Of witnesses at the scene!

7.2.3 Immediate reporting

Report the incident:

• For the business owner: Ask them to record a record in an event book
• To the municipality: way Hotline 106 (in Jerusalem) or the local municipal hotline
• To the police: In severe cases – receive Event number

7.2.4 Complete medical documentation

Of paramount importance: Contact immediately For medical treatment:

• sorting: Even if the pain seems mild – document it!
• X-rays/MRI: As directed by the doctor
• Continuous documentation: Every doctor visit, physiotherapy, treatment

Why is this important??
Without medical documentation Close to the time of the event, The defendant will argue that the injury was not related to the fall.

7.2.5 Receiving official documents

Ask the defendant:

• Maintenance report: Did they check the stairs? When?
• Incident report: Did the business document the incident?
• Security camera footage: Malls usually have cameras – They demanded that the recordings be kept!

How long to claim?? immediately! Tapes are usually deleted after 30 days.

7.2.6 Expert opinion

In complex cases:

• Real estate appraiser: will appreciate Staircase condition From an engineering point of view
• Safety expert: Will test compliance with standards
• Specialist doctor: Will determine the severity of the injury and disability

8. Practical steps for the victim – Step-by-step guide

Step 1: Immediately after the fall (minutes 0-30)

✅ Stay put. If possible (unless there is danger)
✅ Call Magen David Adom (101) If there is an injury
✅ Photograph everything.: The stairs, the environment, the defect
✅ Gather witnesses: Get names and phone numbers
✅ Report to management: Request event registration

Step 2: On the same day

✅ Go to the emergency room/doctor: Even if the pain seems mild
✅ Document the injuries.: Photos, medical records
✅ Keep receipts: For any expense (taxi to the emergency room, medications)
✅ Write everything down.: Write a detailed description of the event while the memory is fresh

Step 3: Within a week

✅ Send a letter To the defendant (municipality/business owner) with a description of the incident
✅ Demanded preservation of evidence: especially Security camera tapes
✅ Photograph the place again.: Different lighting conditions, maybe the defect has already been fixed
✅ Consult a lawyer.: InHalevi Law Firm in Jerusalem We will provide initial consultation.

Step 4: Within a month

✅ Send an accident report to the municipality.
✅ Collect complete medical records
✅ Check with insurance: Is there coverage for damages?

Step 5: Filing a claim

✅ decision: Should I file a lawsuit?
✅ Choosing an experienced lawyer In tort
✅ Preparing a claim detailed
✅ Filing in court appropriate

9. Frequently Asked Questions 

question: I fell down the stairs at a shopping mall. Can I sue even if I'm a little at fault??

answer: Yes! According to The doctrine of contributory negligence (Section 73 of the Torts Ordinance), even if you contributed to the accident, you can still receive compensation. relative.

example:
נפלת כי התעלמת משילוט “זהירות מדרגות”, אך המדרגות גם היו שבורות.

Possible outcome:

• Your warranty: 30%
• Mall Warranty: 70%
• If the total damage is 100,000 ₪ → you will receive 70,000 ₪

exceptional: If you donated in80% and above, the lawsuit will likely be dismissed.

question: I fell on the sidewalk near a supermarket – who will I sue??

answer: Depends Owned and operated by:

מצב א’: Public sidewalk (on the street) → Sue the municipality.

מצב ב’: The sidewalk is part of the supermarket area (private) → Sue the author's husband.

Situation C‘: Ambiguity (close sidewalk) → Sue them both. (The court will decide)

tip: It is recommended to sue both. In unclear cases – this way you will not lose the right to compensation due to a mistake in identifying the defendant.

question: How much time do I have to file a claim??

answer:

⚠️ Very important: If you claim Municipality – Need to send Accident report.

question: What should be included in the advance notice to the municipality??

answer: The message should include:

✓ Full details of the injured party (name, ID, address)
✓ Accurate description of the event (date, time, location)
✓ Description of the damage and injuries
✓ Demand for compensation (אפשר להעריך סכום או לציין “יוגדר”)
✓ Attaching documents: Medical records, photos

sending: By registered mail + delivery confirmation.

Jerusalem Municipality Address: 1 Safra St., Kiryat Iriyah, Jerusalem.

question: Is there insurance that will cover my damages??

answer: Possible!

Relevant insurances:

1. Personal accident insurance: If you have such insurance – Check policy
2. ביטוח נסיעות לחו”ל: אם נפלת בחו”ל
3. Compensation Fund for Road Accident Victims: If the fall occurred on the road as a result of a car accident
4. Supplementary health insurance: May cover medical treatments

important: Filing an insurance claim Not prevented A claim against the defendant! You can get it from both.

question: Supermarket says I slipped on a banana a customer threw away – are they responsible??

answer: Yes, they are likely responsible. – Unless they prove that the banana was thrown A few moments Before the fall.

Legal logic:

• A business owner mustOngoing supervision On the floor
• Frequent cleaning required In areas with intense traffic
• If the banana was there More than 15-20 minutes – The writer should have seen and cleaned

verdict: Cohen vs. Shufersal 
The court ruled:

“סופרמרקט נושא באחריות לפסולת שנפלה על הרצפה, גם אם זרקה לקוח, מהרגע שחלפו 10 minutes ועד שהוא הסיר אותה.”

question: Can I sue if I fell because I was on the phone??

answer: Yes, but Your compensation Will be reduced.

explanation:

• If there was Negligence on the part of the defendant (broken stairs, lack of railing) – he is still responsible
• but: Using the phone while walking up stairs is considered Contributory negligence

Expected reduction: 20-40% from compensation.

example:
Total damage: 200,000 NIS
Your negligence: 30%
Compensation you will receive: 140,000 NIS

question: I fell down the stairs that were wet from the rain. – Do I have a claim??

answer: dependent.

תרחיש א’ – There is a lawsuit.:

• The rain has stopped. Hours ago And the defendant did not clean/spread sand
• No warning signs “זהירות רצפה רטובה”
• The stairs Lack of anti-slip grip (contrary to the standard)

Scenario B‘ – No claim:

• The rain Still falling or a ruling Minutes ago
• there is Clear signage
• The stairs propriety And there's no way to avoid the wetness

Principle of lawי: “אדם צריך לצפות שמדרגות יהיו רטובות בגשם ולנהוג בזהירות.” אבל – בעל עסק צריך Reduce the risk As much as possible.

question: Should I settle or go to trial??

answer: Depends on the case.. Here are some considerations:

Advantages of compromise:

✓ Quick compensation (within months instead of years)
✓ certainty (There is no risk that the court will reject)
✓ Saving on legal costs
✓ Saving mental stress

Advantages of a trial:

✓ Higher compensation (If the case is strong)
✓ precedent For similar cases
✓ Full justice

Recommendation of Halevi Law Firm:
mostly, It is recommended to try a compromise. If the offer is reasonable (70-80% from the lawsuit). If the offer is too low – Go to trial.

10. Summary and recommendations – Halevi Law Firm, Jerusalem

10.1 Key principles

Here is the legal gist that everyone needs to know:

10.2 Practical recommendations from the Halevi Office

If you have experienced a fall down the stairs:

1. Act immediately:
⏱️ Time = evidence. Take pictures, gather witnesses, report.

2. Medical records:
🏥 See a doctor immediately – Even if it seems easy.

3. Advance message:
📧 If it is a public authority – Don't miss the 12 months!

4. Legal advice:
⚖️ Don't try to treat it yourself. – The defendants are represented by experienced lawyers.

5. Don't give up too quickly.:
💪 Don't accept the first compromise offer without consulting.

10.3 Why choose Halevi Law Firm??

Halevi Law Firm Specialist in the field of torts For over 20 years, with an emphasis on:

✅ Extensive experience in fall claims On the steps of shopping malls and writers in Jerusalem
✅ In-depth introduction With the ruling of the Jerusalem District Court
✅ Professional connections With medical assessors and safety experts
✅ Personal and caring representation – You are not just a case number

10.4 Located in the heart of Jerusalem

Our offices Conveniently located in Jerusalem, Close to courts and government institutions, which allows us to handle cases efficiently and quickly.

Don't give up your rights.

If you have fallen, it is important to act quickly. Proper documentation and professional legal advice can significantly affect the amount of compensation.

Contact us To a tort lawyer in Jerusalem For an initial consultation without obligation.

📞 Contact us