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Accidents in a Public Place Claims

Lots of accidents on the streets and other public places happen almost every day. Are you entitled to receive a compensation if your bodily injuries were a result of the accident? What should the victim's action be in order to win the case against a municipality or a local government authority who are responsible for a city infrastructure protection?

 

Local municipal authorities must provide pedestrians' safety who use trusted public places. Every municipal authority must maintain order and remove any obstacles or danger in any public places. 

 

If a municipal authority violated its obligations and a pedestrian feels as a result received bodily injuries, the pedestrian has the right to take a legal action and claim compensation for damages. 

 

A civil appeal No. 2004/92. Municipality of Kiryat Ono, N. Shakham: "Do not think that people will walk across the city with their heads down and watch nothing but their step only to prevent themselves from falling or other danger…" An injury is not always a result of a pedestrian's carelessness or inattentiveness. The liability should be acknowledged by those who created a hazardous situation; not by those who do not watch their steps".

 

The district court of Tel Aviv- 2203/00. The municipality Petah-Tikva, Meshulam Lia: "If there appeared a hole or an unexpected height difference because of the cracks in the pavement (especially in an unlit area), and since a person cannot know about them beforehand, they are not considered to be a self-evident danger.  They should not be foreseen by the injured person". In such a case the municipal authority incurs all legal liability for holes and cracks described in our example, that is, for those which can result in a person's injury due to stumbling…

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ילנה גומלסקי עו״ד

A lack of reasonable lighting also increases the risk for those people who walk down the street not expecting any cracks or height differences in the pavement. Certainly, a pavement is not a sterile surface, yet it does not mean there should be any other obstacles created which cannot be foreseen and lead to an accident."

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To recap everything mentioned above, the civil liability of a municipality or local authorities is high.  What shall you do if you've injured yourself or had any other kind of damage?

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To boost your chances to win the case, follow these guidelines as soon as possible:

  • Write down the exact time of the accident, and the address where it took place;

  • It is highly important to take photos of the accident at different angles and if possible make a video as well;

  • If the place of accident was not sealed right after the accident, take photos as soon as you can and before it is repaired by a local authority or a municipality;

  • Write down any witnesses' personal data;

  • It is crucial to receive medical assistance as soon as possible after the accident and have a record of the reason for the injury, with a detailed description of how it happened;

  • Keep all medical documentation on your accident;

  • Keep all the documents which list your incurred expenses as the result of the injury.

 

 

Our company has a many years of experience and all needed qualifications in filing all types of insurance cases and offences including the following ones:

  • life insurance policy compensation;

  • long-term nursing care benefits;

  • claims for disability;

  • a loss of earning capacity benefits;

  • compensation due to injury or disease;

  • reimbursement for medical expenses.

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We are ready to provide you with a legal consultation and analyse your chances and see if you can go forward with the case successfully.

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