Azrieli Group Ordered to Pay 350,000 NIS Over Child Injury at Mall Play Area
The Haifa Magistrate's Court ordered the Azrieli Group and Menora insurance to pay 350,000 NIS to a woman injured in a mall play area in 2018. The court ruled that management was negligent in maintaining equipment.
Children's play areas and indoor gyms in shopping malls are often viewed as harmless entertainment, yet data reveals a concerning frequency of child injuries. According to the "Beterem" Safe Kids Israel organization and emergency room records, accidents on playground equipment and indoor attractions lead thousands of children to urgent medical care annually due to falls, limb entrapment, and fractures, with children aged 5 to 9 forming the primary risk group.
In a recent ruling, the Haifa Magistrate's Court ordered the Azrieli Group and Menora Mivtahim Insurance to pay approximately 350,000 NIS in compensation to a young woman who severely injured her foot eight years ago at a play area inside the Azrieli Mall in Kiryat Ata. Judge Majeda Jabour-Murqos ruled that the mall's management was negligent in maintaining the equipment.
The accident occurred in July 2018 when the victim, then nine and a half years old, was visiting the facility with a friend. While using an attraction consisting of rotating cylinders, her left foot became trapped in the gap between them. She was rushed by ambulance to Carmel Medical Center, where doctors diagnosed three displaced metatarsal fractures. Her leg was cast, and she subsequently required prolonged orthopedic follow-up and physical therapy.
The plaintiff testified that she was crawling on the cylinders when her foot became stuck. Azrieli argued that the claim constituted an "evasive testimony" and an impermissible expansion of claims, pointing out that her attorney had previously stated she was walking on the equipment and not alleging a defect. However, the judge dismissed all defense arguments.
The court held that the burden of proof shifted to Azrieli under the Torts Ordinance, as the equipment was under its exclusive control and the accident implied a lack of reasonable care. Azrieli failed to prove it had contracted a company for mandatory monthly inspections as required by standards, an annual inspection report failed to address routine maintenance, and the mall's representative failed to appear in court for testimony.
Furthermore, testimony from the CEO of the "Paelton" chain revealed that as early as November 2017, a price quote of approximately 5,441 NIS was sent to the mall to replace five defective cylinders, but management refused to carry out the repairs. Paelton later thoroughly renovated the play area upon taking over the space due to its deteriorated condition, and the lawsuit against Paelton was entirely dismissed, with Azrieli and Menora ordered to cover its legal expenses.
The court also rejected the defense's attempt to attribute contributory negligence to the mother who left her daughter at the play area, ruling that her presence would not have prevented the mechanical failure. A medical expert assessed the young woman with a 10% permanent disability, and the judge set her functional disability at 6.5%. The compensation amount of 350,000 NIS covers future wage and pension losses alongside non-pecuniary damages, in addition to legal fees, court costs, and attorneys' remuneration.
This verdict joins a long line of tort claims filed in recent years against Israeli malls and shopping centers over visitor and child injuries. Israeli courts have repeatedly emphasized that mall management owes a heightened duty of care to visitors—whether concerning slips on wet corridors, accidents on escalators and moving walkways, or falls resulting from improperly secured equipment. Previous rulings have subjected malls to hundreds of thousands of shekels in damages, establishing that a shopping center is not a public street but a controlled environment where management must enforce strict, proactive maintenance to prevent foreseeable hazards.
