Where Do Slip and Fall Accidents Occur and Who Is Liable? The Complete Guide

Where Do Slip and Fall Accidents Occur and Who Is Liable? The Complete Guide

A slip and fall accident is an accident in which a person slips, trips, or falls as a result of a physical hazard in a place where they were lawfully present: a wet floor, a broken sidewalk, a defective step, and the like. It is one of the most common causes of bodily injury in Israel, and unlike a car accident, which has mandatory insurance and a predefined compensation mechanism, in a slip and fall accident you must prove who is responsible for the dangerous place where the fall occurred.

Who is liable for such an accident is determined, to a large extent, by where it happened. In this article we will review the ten most common types of places for slip and fall accidents, who may be liable in each of them, how the level of the duty of care changes according to your status at that place, and which evidence is important to collect and preserve immediately after the incident.

This article is part of the complete guide to slip and fall accidents on our site. In this article we will review:

• All the types of places where slip and fall accidents occur
• Who may be liable in each type of place
• The legal differences between the types of places, and the level of the duty of care required in each
• Real-life examples for every scenario

Why Is It Important to Know Where the Accident Happened?

This is not just a geographic question — it is a substantive legal one. Who is legally liable changes completely depending on the location:

• Fell in a mall? The mall owner or the tenant may be liable.
• Fell on a public sidewalk? The local authority may be liable.
• Fell in someone's private home? The homeowner may be liable.
• Fell at the workplace? The employer may be liable, and sometimes the National Insurance Institute as well.

Each type of location has a different legal process, a different standard of proof, and sometimes also a different limitation period, as will be detailed in the following chapters of the guide.

The Basic Legal Principle: The Property Owner's Duty of Care

Before we dive into the specific places, it is important to understand the general principle on which liability in slip and fall accidents is based: the owner or occupier of real property must take reasonable measures to keep the place safe for anyone who lawfully enters it. This duty, known as the "duty of care," is grounded in the general principles of tort law in Israel.

The principle is based, among other things, on the provisions of the Torts Ordinance (New Version), which regulates the tort of negligence and the duties of care imposed on owners and occupiers of real property toward those who enter it.

What this means in practice:

• Repair known hazards within a reasonable time
• Inspect the place regularly
• Warn against dangers that cannot be repaired immediately
• Maintain the infrastructure — floors, stairs, lighting

It is important to know: the level of the duty changes according to your status at the place; we will expand on this later in the guide.

Ten Common Types of Places for Slip and Fall Accidents

1. Malls and Shopping Centers

Malls are among the most common places for slip and fall accidents in Israel. The reasons are clear: shiny floors (marble, polished tiles) that become dangerous when wet, enormous foot traffic, large spaces that are hard to supervise fully, food stores where liquids are spilled, and entrances and exits into which water enters on rainy days.

Liability in a mall may be shared among several parties: the mall owner or manager — usually responsible for the common areas (corridors, plazas, parking lots, public restrooms) and for their maintenance, cleaning, and repair; the specific store — if the accident happened inside a store, for example oil spilled on a supermarket floor that was not cleaned; the cleaning company — if it is proven that it was negligent, for example by failing to clean properly or place a warning sign; and the maintenance contractor — when there is a structural problem, such as a broken tile or a defective step.

Common examples: a wet floor with no warning signage (relatively clear liability); food or drink spills that were not cleaned within a reasonable time (time-dependent negligence); moving or defective stairs (a high level of liability, given the inherent risk); an entrance on rainy days with no absorbent mat or signage; and the mall parking lot, where oil, water, or cracks in the floor may create a hazard.

What makes a claim against a mall relatively strong: security cameras (present in almost every mall) that can document the hazard and the negligence, many witnesses in a busy public place, and written maintenance procedures that large malls usually document. An important tip: contact the mall and demand that it preserve the security footage as soon as possible after the incident, because it is usually deleted after about 30 days.

2. Sidewalks and Public Streets

Sidewalks are owned by and the responsibility of the local authority (the municipality or the local/regional council). A claim against a local authority differs in certain respects from a claim against a private party, and is subject to unique rules.

Common types of hazards on sidewalks include: broken or cracked sidewalks (sunken, protruding, or missing tiles, often due to tree roots); holes and depressions in the sidewalk or the road; damaged sewer and utility covers (a broken, missing, or misaligned cover); slippery sidewalks (moss or algae in the shade, wet leaves in autumn); and unmarked obstacles such as light poles, signs, or benches placed in a dangerous location, as well as work pits with no fencing or signage.

As a rule, the local authority is liable for public sidewalks, but there are exceptions: if the hazard was caused by an adjacent property owner (for example, a store owner who poured water onto the sidewalk in front of the store), the property owner may be liable in addition to the municipality or instead of it; and if the hazard was caused by a works contractor (excavation, infrastructure works), the contractor may be liable in addition to the municipality.

A real-life example: a person tripped on a protruding tile on the sidewalk next to a flower shop, after the shop had renovated and the tile was not properly restored to its place. In such a case both the shop and the municipality may be liable — the municipality for failing to supervise the sidewalk, and the shop for causing the hazard.

Further detail on the unique procedure in claims against authorities and on hazards in the public space appears in the accidents on the street and in public spaces guide on our firm's site.

3. Parking Lots

In managed public parking lots (operated by parking companies such as Ahuzat Hof, Pango, and the like), the management company is responsible for adequate lighting, floors free of oil or liquids, functioning stairs and elevators, and correct marking of levels and steps. Common hazards include uncleaned oil stains, poor lighting in underground lots, stairs without a handrail, and holes or cracks in the asphalt.

In mall and business parking lots, the same principles apply as in malls — the mall or business owner is liable. For street parking (blue-and-white), liability rests with the local authority, similar to sidewalks.

4. Workplaces

A slip and fall accident at the workplace is a separate field with unique rules. An employee injured at the workplace may pursue two cumulative tracks:

a. National Insurance — "work accident": An employee injured during and at the workplace may be entitled to compensation from the National Insurance Institute; in this framework, the question of fault is not decisive in the same way as in an ordinary tort claim. Coverage may include injury allowance, medical treatment, and compensation for disability if caused — subject to the applicable law and regulations.

Full details on the conditions and eligibility appear on the National Insurance Institute website.

b. A tort claim against the employer: In addition to National Insurance, if the employer was negligent — for example, failed to repair a known hazard, did not provide adequate lighting, or did not warn of a danger — a tort claim against the employer may also be considered.

Common hazards in workplaces include warehouse floors with oil or liquids, electrical cables laid on the floor, stairs without a proper handrail, poor lighting in warehouses, objects left in a passageway, and industrial machinery and equipment that are not guarded as required by workplace safety regulations.

The employer is liable to provide a safe work environment. Someone who is not an employee at that place (for example, a supplier who came to fix something) is still entitled to protection from the owner of the place, but the insurance coverage is different, because the injury is not classified as "their" work accident.

Further detail on the rights and tracks available to injured workers appears in the work injury rights guide.

5. Restaurants, Cafés and Businesses

Restaurants and businesses are considered a special "risk zone": kitchen floors with oil, water, or spilled food scraps; fast movement of staff between the kitchen and the entrances and exits; restrooms with wet floors and splashed water; stairs between floors in multi-level restaurants; and rickety chairs and tables that may break during use.

The business owner owes a clear duty to maintain a safe place for customers. Important evidence in such cases includes security footage (it is worth checking whether any exists), eyewitnesses — waiters and other customers — and documentation of prior complaints, if any, which may strengthen the negligence claim.

Example: a customer who entered a restaurant restroom and slipped on water that had accumulated on the floor due to a leaking tap, with no warning sign posted, may argue that the restaurant knew or should have known about the leak and failed to repair or warn in time.

6. Private Homes and Apartments (Including Rentals)

This situation is relevant when you visited a friend's or family member's home and fell, when you are renting an apartment and fell in a common area of the building, or when you worked in a private home as a professional (electrician, plumber, and the like) and were injured.

If it is the private home itself, the homeowner may be liable toward guests if they knew or should have known about the hazard. When the guest is a friend or family member, there is usually no desire to file a personal claim against them, but a home insurance policy (third-party liability), if one exists and includes appropriate coverage, may apply to the case, so that the claim is in practice directed at the insurance company and not at the friend personally.

In a common area of a building (stairwell, elevator, shared parking), liability usually rests with the house committee or the management company. In a rented home, the allocation depends on the liability clause in the rental contract; as a general rule it is accepted that the landlord is liable for structural maintenance (roof, plumbing, structure), and the tenant is liable for ongoing maintenance such as cleaning, but each case must be examined according to the specific contract.

Example: a person who visited friends' apartment and tripped on a folded or misaligned rug at the entrance. Liability formally rests with the apartment owner, but in practice it is the hosts' home insurance that may bear the compensation, so there is no need to fear personal harm to friends as a result of filing a claim.

7. Hospitals and Clinics

Hospitals are places with a high concentration of weak or vulnerable people (patients and the elderly), which may make slip and fall accidents more severe. Common hazards include floors that were washed without appropriate signage, bodily fluids that were not cleaned immediately, medical equipment left in a passageway, and cables from medical instruments.

The hospital or clinic is required to exercise an especially high level of care, given the vulnerable population of visitors.

8. Schools and Kindergartens

Educational institutions owe an enhanced duty of care toward minors. In addition, students studying under the Compulsory Education Law are covered by student accident insurance, which operates continuously and not only during school hours or on school grounds. Under this insurance, and subject to the policy terms and the customary coverage amounts, there is no need to prove negligence by any party, but mainly that an accident occurred and that bodily harm was caused as a result.

Details of the current policy and its coverage appear on the Ministry of Education parents portal.

Common hazards in schools and kindergartens include playgrounds with defective surfaces, stairs without a handrail suited to children's height, and slippery floors — especially, but not only, in sports halls. The liable party in these cases is the educational institution, and sometimes also the local authority or the Ministry of Education.

Further detail on accidents in an educational setting appears in the school accidents guide on our firm's site.

9. Swimming Pools and Sports Facilities

Water on floors creates a high inherent risk of slipping, but that does not negate liability. The facility owner must provide anti-slip floors (appropriate texture), clear warning signage, and adequate lifeguards or instruction. Common hazards include tiles that are too smooth around the pool, the absence of "Caution — Wet Floor" signage, and poor lighting in the changing rooms.

10. Hotels

Hotels host guests who do not know the place, and therefore an enhanced duty of care applies to them. Common hazards include rooms with slippery marble floors, showers or bathtubs without an anti-slip surface, corridors with poor lighting, and pools and spas (as detailed above).

Invitee, Licensee or Trespasser: How Your Status at the Place Affects Your Rights

Beyond the location itself, the level of the duty of care imposed on the owner of the place also changes according to the status of the person who enters it:

1. "Invitee": The Highest Level

Customers and visitors invited for a business purpose (mall, store, restaurant). The owner's duty toward them is the highest, including proactive inspection of the place and repair of hazards, even if the owner did not specifically know about them but should have known.

2. "Licensee": Medium Level

Social guests, such as friends who come to visit. The homeowner's duty is mainly limited to warning against known dangers, and does not require an active search for hidden hazards.

3. "Trespasser": The Lowest Level

Someone who enters without permission. The owner's duty toward them is very limited, and mainly consists of refraining from causing intentional harm.

Summary Table: Who Is Liable Where?

Location	Primary Liable Party	Level of Duty of Care
Mall	Mall owner/manager	High (invitee)
Public sidewalk	Local authority	High
Private / managed parking lot	Management company	High
Workplace	Employer	High + National Insurance
Restaurant / business	Business owner	High
Private home (as guests)	Homeowner (in practice: home insurance)	Medium
Building common area	House committee / management company	High
Hospital / clinic	The medical institution	High
School / kindergarten	Educational institution / local authority	Very high (minors)
Swimming pool	Facility owner	High
Hotel	Hotel owner	Very high

Why Does This Matter for Your Claim?

Once it is known where the accident happened, significant progress can be made on several fronts:

• Identifying who to sue — which saves precious time.
• Knowing which evidence to look for — mall cameras, municipality records, hotel maintenance procedures, and more.
• Understanding the relevant legal process — a claim against a local authority differs in important respects from a claim against a private party.
• Being aware of the timelines — including possible differences in the limitation period and prior-notice requirements, especially vis-à-vis public authorities.

Frequently Asked Questions About Slip and Fall Accidents

Who is liable if I fell in a mall?

Liability may rest with the mall owner or manager (for the common areas), the specific store in whose area the fall occurred, the cleaning company, or the maintenance contractor, depending on the circumstances of the case and the source of the hazard.

What should I do if I was injured on a public sidewalk?

First it is recommended to document the location of the hazard (photograph, exact location, date and time), seek medical treatment, and document the injury. A claim against a local authority is subject to unique rules, so it is advisable to consult a lawyer familiar with the procedure against authorities.

Can I sue a friend or family member in whose home I fell?

In most cases the claim is not directed personally at the host, but at their home insurance policy (third-party liability), if one exists and covers this type of case. The terms of the specific policy should be checked.

What is the difference between a claim to the National Insurance Institute and a tort claim against the employer?

A claim to the National Insurance Institute is available for an accident that occurred during and at the workplace, under a track separate from a negligence claim. A tort claim against the employer is available in addition, and requires proof that the employer was negligent — for example, failed to repair a known hazard.

How long do I have to file a claim for a slip and fall accident?

The limitation period varies according to the identity of the defendant (private party versus public authority) and the circumstances of the case, and may be affected by factors such as the injured person's age or the date the damage was discovered. It is advisable to seek legal advice as soon as possible after the accident, and not to rely on a self-assessment of the deadline.

What is important to do immediately after a slip and fall accident?

Document the scene and the hazard with photographs, locate witnesses and keep their details, seek medical treatment and document it, and promptly contact the responsible party (mall, municipality, employer, and the like) with a request to preserve evidence such as security footage.

Summary: Key Points

• The location largely determines who is liable, how you sue, and which evidence is required.
• In malls and private businesses liability is relatively clear in most cases, and cameras that assist in proof often exist.
• Claims involving sidewalks and local authorities are more complex and are subject to unique rules.
• In work accidents there are usually two tracks: National Insurance and a tort claim against the employer.
• In private homes, the host's home insurance is usually what bears the compensation, not their personal pocket.
• The level of the duty of care also changes according to the status of the person entering the place — "invitee," "licensee," or "trespasser."
• It is always advisable to document the exact location of the accident precisely — this is the foundation for any subsequent clarification of rights.

Next Step

Once it is known where the accident happened and who may be the potential liable party, the next stage is to understand how liability is actually proven — a topic we will address in the next chapter of the guide.

If you were injured in a slip and fall accident and wish to understand your rights, you may contact our firm for an initial consultation. The inquiry involves no cost, and you can also get in touch by phone or WhatsApp, or via the contact form, at our offices in Jerusalem and Tel Aviv.

Legal disclaimer: The information in this article is general only, accurate as of the date of publication, and does not constitute legal advice or a substitute for it. Every case is examined according to its specific circumstances. To obtain a professional opinion relating to your individual case, you should seek personal legal advice.