Netanya Court Orders 350,000 NIS Compensation for Pool Diving Injury

A Netanya court ordered a zimmer complex and Phoenix insurance to pay 350,000 NIS to a man who suffered severe neck injuries after diving into a shallow pool in 2019.

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Netanya Court Orders 350,000 NIS Compensation for Pool Diving Injury
Photo: ICE / מנוי בריכה (צילום shutterstock)

A bachelor party celebration that ended in severe injury will lead to substantial financial compensation: the Netanya Magistrate's Court recently ordered the owners of a zimmer complex and the Phoenix insurance company to pay a total of approximately 350,000 NIS to a young man who injured his neck after diving headfirst into a shallow pool, PsakDin reported.

The incident took place in June 2019, when the victim, then 34 years old, arrived at the hospitality complex to celebrate with his friends. Shortly after his arrival, he changed into a swimsuit and jumped into the pool without first checking the water depth, which stood at only about 1.5 meters. His head struck the bottom with great force, and after several days of suffering severe pain, he sought medical treatment and required complex surgery to fuse his cervical vertebrae.

Lawsuit and Legal Arguments

Represented by attorney Gil Klopstock, the injured man filed a lawsuit against the site operators and their insurer. The statement of claim argued that the complex displayed no signs warning against shallow water or headfirst dives, nor was the water depth indicated. Conversely, the defendants, represented by attorney Amichai Trouzman, argued that the plaintiff, a tall man standing at 1.95 meters, acted with absolute recklessness by jumping into an elevated pool without prior inspection.

Judge Noam Raff accepted the plaintiff's position regarding the lack of signage and clarified that failing to post clear warnings constitutes negligence on the part of the venue owners. Alongside this, the judge ruled that the plaintiff also bears responsibility for the incident due to his lack of caution, assigning him 40% contributory negligence.

Court Ruling and Compensation

Ultimately, the total damage was estimated at approximately 454,000 NIS. Following the deduction of the plaintiff's share, it was ruled that the defendants will pay him about 272,000 NIS, alongside attorneys' fees of approximately 64,000 NIS and reimbursement of legal and expert expenses.

«Failing to post clear warnings constitutes negligence on the part of the venue owners, though the plaintiff also bears responsibility due to his lack of caution,» ruled Judge Noam Raff.

As recalled, omissions surrounding swimming pool safety frequently stem from dangerous sanitary hazards as well. In the summer of 2024, Dr. Udi Klinar, the Central District physician, issued an administrative closure order for the swimming pool at the Orot Israel College in Elkana. This unusual step followed a surprise inspection that revealed the venue had been operating without the required Ministry of Health approval.

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