Be'er Sheva Magistrate’s Court finds Shufersal liable after a shopper fell in the cleaning aisle, developed chronic pain and won more than $56,000 — after the chain failed to produce security footage or an incident reportAtt. Yoav Abayev|The Be'er Sheva Magistrate’s Court has ordered supermarket chain Shufersal to pay more than 170,000 shekels ($56,000) in compensation to a woman who was injured after slipping on what she said was cleaning liquid or soap while shopping at one of its stores.The Be'er Sheva Magistrate’s Court recently accepted the 56-year-old woman’s personal injury lawsuit, finding Shufersal responsible for the accident. Judge Yaron Golan awarded her 170,201 shekels ($56,166) in damages, along with 39,184 shekels ($12,931) in legal fees and expenses.Gallery(Photo: Shutterstock)The accident occurred in June 2018 at a Shufersal Deal discount supermarket on Twin Cities Boulevard in the southern city of Be'er Sheva.According to the lawsuit, the woman was shopping in the cleaning products aisle when she slipped on “cleaning liquid or soap” on the floor and injured her right hand.She underwent a reduction procedure to realign the injury and had her arm immobilized in a cast. She was later diagnosed with complex regional pain syndrome, or CRPS, a chronic pain condition that can develop after an injury.The woman, who works as a secretary at a law firm, argued that Shufersal was responsible as the operator of the premises and had a duty to keep the supermarket floor clean and safe for customers. She sought about 393,000 shekels ($129,690) in damages.Shufersal initially denied that the accident had occurred as described and disputed the existence of a hazardous condition. Alternatively, the company argued that responsibility rested with the outside cleaning company contracted to work at the supermarket.The retailer also argued that the woman had seen cleaning work taking place but chose to walk through the area anyway. It maintained that her medical disability did not impair her ability to function or earn a living.Golan accepted the shopper’s account of the accident, relying in part on her testimony, her sister’s testimony and medical records from Soroka Medical Center in Be'er Sheva on the day of the incident.The hospital record stated that the woman had “slipped on soap at Shufersal in the Ramot neighborhood,” according to the ruling.A Shufersal Deal discount supermarket (Photo: Avihu Shapira)The judge also cited Shufersal’s failure to produce security camera footage or an incident report from the supermarket. The company also did not call the store manager or another employee to testify in an effort to contradict the woman’s account.In his ruling, Golan said Shufersal had a clear duty of care toward its customers and could reasonably have anticipated the danger posed by liquids on the floor, particularly around shelves containing cleaning products.He rejected Shufersal’s attempt to shift responsibility to the cleaning contractor, finding that the supermarket had failed to establish that the contractor’s employees had created the hazard or acted negligently in dealing with it.The contract between Shufersal and the cleaning company did not make the contractor automatically responsible for every hazardous condition inside the store, the judge said.The court did, however, find that the woman bore a small degree of responsibility for her injuries.Golan noted that she was familiar with the supermarket and that such a store “is known not to be a sterile environment,” meaning she could have exercised greater caution against potential slipping hazards.Still, the court assessed her contributory negligence at just 5%.The woman was found to have a 14.5% medical disability and an 11.8% functional disability stemming from the accident.After accounting for her contributory negligence, Golan awarded her 170,201 shekels ($56,166) for her damages, plus 39,184 shekels ($12,931) in attorney fees and expenses.Shufersal’s third-party claim seeking to hold the cleaning company responsible was dismissed. The supermarket chain was also ordered to pay the cleaning company 15,000 shekels ($4,950) in legal expenses.