The Jerusalem District Court ordered that a 63-year-old man, injured after falling from a broken chair at a conference in the Expo Tel Aviv fairgrounds, receive nearly 533,000 shekels ($138,000) in compensation. The judges upheld the man’s appeal against a lower court’s ruling, increasing the award by 100,000 shekels ($26,000).
In February 2017, the man attended the National Architecture Conference at the location. On the second day, during dinner, the chair he sat on collapsed, causing him to fall and strike his hand, head and back.
A year and a half later, he sued the Israel Expo Tel Aviv, which manages the venue and Targeted Marketing Channels L.T.D., the event organizer. In February, a lower court held Israel Expo solely liable, awarding 328,000 shekels ($85,000 ) plus 67,732 shekels ($17,600 ) in legal fees and costs.
Both parties appealed. The plaintiff argued for higher compensation, while Expo Tel Aviv contested its sole responsibility, claiming the court erred in applying the legal principle of “res ipsa loquitur,” shifting the burden to prove non-negligence.
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The District Court unanimously rejected the Center’s appeal and partially granted the plaintiff’s, affirming that Expo Tel Aviv was not liable due to the absence of an indemnification clause in their contract.
The court upheld the lower court’s finding that the Expo Tel Aviv failed to prove it took reasonable care, as required under Section 41 of Israel’s Torts Ordinance. The plaintiff was unaware of why the chair broke, all chairs were provided by Expo Tel Aviv and negligence was the likely cause.
Attorney Michael BrandPhoto: Doron Letzter“The facts clearly point to Expo Tel Aviv’s liability,” the ruling read. “A person sitting at an event isn’t expected to inspect a chair and can assume it’s safe.”
Addressing the plaintiff’s appeal, the judges found the initial compensation inadequate for the orthopedic, neurological and chronic pain injuries sustained. They awarded an additional 100,000 shekels ($26,000 ), plus 37,500 shekels ($9,750 ) in legal fees, bringing the total to approximately 533,000 shekels ($138,000 ).