blog.cat.rights6 min read10/20/2026

Fell Because of a Broken Sidewalk? Here Is How to Prove When the Municipality Must Pay Compensation

A photograph of a bruised knee does not prove what caused the fall, and a picture of a pothole does not prove who fell into it. To receive compensation, you must establish the connection among the hazard, the municipality’s liability and the damage—and preserve the evidence before the sidewalk is repaired or the documentation disappears.

Numbers and facts

•Section 235 of the Municipalities Ordinance—maintenance, lighting, drainage and removal of obstacles
•7 years—the ordinary limitation period according to the research material
•10%–50%—the range of contributory negligence found in the cases reviewed
•25%—contributory negligence determined in the Ma’or Akiva case
•100%—contributory negligence in Civil Case 2823/97 Aharoni v. Bat Yam Municipality
•₪10,000–180,000—an illustrative range published for pain and suffering, not a binding tariff

Not Every Crack in the Sidewalk Constitutes Negligence

Section 235 of the Municipalities Ordinance imposes duties on a municipality concerning the supervision of streets, maintenance, cleaning, lighting, drainage and the removal of obstacles. However, courts do not expect a sidewalk to be perfectly level, and a minor defect or ordinary wear and tear does not automatically create liability. The injured person must prove that there was an unreasonable hazard, that the municipality knew about it or should have discovered it through reasonable maintenance, and that it caused the fall and injury. If the location belongs to a shopping mall, building or private parking lot, the appropriate defendant may be the property owner, occupier or management company rather than the municipality.

The Photographs That Must Tell the Whole Story

Immediately photograph the hazard close up and from several angles, but also take a wide shot identifying the street, the adjacent building and the location of the fall. A continuous video can illustrate the walking route, the lighting and the raised tile in relation to its surroundings; this is especially important because the municipality may repair the location after it is reported. Record the witnesses’ names and contact details, and ask them to describe briefly what they saw, rather than merely stating that you arrived at the location injured. If cameras are present at a nearby store, parking lot or building, promptly ask for the footage to be preserved, because such documentation may be deleted.

Report It to the Municipality—Without Giving Up the Evidence

The municipality should be notified as early as possible, with the precise address, a description of the hazard, the date and time of the incident, and the injury caused. Keep the report confirmation and correspondence; in legal proceedings, inspection reports, previous complaints, service calls and repair orders may also be requested to determine how long the hazard existed and what the municipality knew. There is no need to wait for the authority’s response before seeking medical treatment. An early compensation offer also does not necessarily indicate the full value of the damage, so it is important to understand which components it covers before agreeing to a final settlement of the claim.

The Medical Record Must State What Actually Happened

Seek medical treatment as soon as possible after the fall and expressly state that you fell because of a sidewalk hazard. Check that the record does not merely use general wording such as “fell in the street,” and that a different account was not mistakenly recorded. Keep visit summaries, referrals, test results, medical certificates, payslips and receipts for medication, treatments and travel. A bodily injury claim may also require a medical expert opinion, and compensation may include pain and suffering, lost wages, medical expenses, assistance from others and future impairment of earning capacity.

The Phone in Your Hand May Cost You Part of the Compensation

Even when the municipality was negligent, the court examines whether the injured person contributed to the fall by looking at a phone, running, walking inattentively or choosing to pass through a dark area. In the cases reviewed, contributory negligence ranging from 10% to 50% was assigned, and contributory negligence of 25% was determined in a Ma’or Akiva case. In Civil Case 2823/97 Aharoni v. Bat Yam Municipality, the plaintiff was assigned 100% contributory negligence, while additional judgments emphasized that pedestrians must watch their path and anticipate ordinary wear and tear. The meaning is simple: even a well-founded claim can be reduced substantially if the evidence indicates a lack of care by the injured person.

How Much Can You Receive, and How Long Do You Have to File a Claim?

There is no binding tariff for a sidewalk fall: compensation depends on the severity of the injury, recovery period, disability, lost wages, expenses and the injury’s effect on functioning. One legal source presents an illustrative range of ₪10,000–180,000 for pain and suffering, but emphasizes that the amounts are for illustration only; no conclusion about the compensation in a particular case should be drawn from it. According to the research material, the ordinary limitation period is seven years from the date of the incident, but waiting harms the evidence long before that period ends. If the fall occurred on the ordinary route to or from work, without an unrecognized deviation, it may also be possible to examine recognition as a work accident by the National Insurance Institute in parallel.

FAQ

Is a photograph of a broken sidewalk enough to sue the municipality?

No. The photograph must be linked to the place and time, it must be proven that the hazard caused the fall, and medical harm must be demonstrated. A wide shot, witnesses, medical documents and documentation of the report to the municipality collectively strengthen the evidentiary picture.

I did not take photographs immediately after the fall—can I still file a claim?

Possibly, but proving the case becomes more difficult, especially if the hazard has been repaired. Photographs taken by witnesses, nearby cameras, previous complaints to the municipality, inspection reports and repair records can be examined.

Where should a pothole or raised sidewalk tile be reported?

Contact the municipality or local authority responsible for the area as early as possible and provide a precise address and description. It is advisable to retain written confirmation of the report, but reporting should not replace photographing the hazard and seeking medical treatment.

What happens if I was looking at my phone when I fell?

Using a phone does not always preclude the claim, but it may lead to a finding of contributory negligence and a reduction in compensation. The court will examine the severity of the hazard, the lighting, the walking route and your degree of attention.

Is a fall on the way to work considered a work accident?

A fall on the ordinary route from home to work or back may be considered a work accident, provided there was no unrecognized deviation. In such a case, rights before the National Insurance Institute can be examined alongside the question of the municipality’s liability.

What to do next

Immediately after a fall, first obtain medical treatment, photograph the hazard and its surroundings, collect witness details, and report the incident to the authority while retaining confirmation. Keep the medical records, receipts and absence certificates together in one file, and do not wait until the seventh year: evidence disappears and sidewalks are repaired much sooner. Before signing a compensation offer or waiver, you can obtain an individualized assessment of liability, damages and the possible courses of action.