Rare: Complete acquittal in court despite a serious accident at a construction site
Feb 27, 2023
By: Adv. Eldan Danino – Specialist in Occupational Safety Law in the Construction Industry
A construction worker’s fall from the fifth floor resulted in severe multi-system injuries and led to the filing of a criminal indictment against the site manager and the construction company. The indictment was heard before the Tel Aviv Magistrate’s Court, which, in a unique and non-routine judgment, fully acquitted the defendants.
This is not a trivial matter. A criminal conviction for a workplace accident on a construction site could have had dramatic consequences for both the site manager and the construction company—far beyond a mere “criminal record.”
The site manager could have lost his license and, more seriously, his liberty, as he faced a real risk of imprisonment. The construction company could have faced removal from the Contractors’ Registry, loss of classification, and substantial financial penalties amounting to hundreds of thousands of shekels. It goes without saying that a criminal conviction would have significantly worsened the defendants’ position in a parallel civil lawsuit filed against them regarding the same incident.
The law firm Eldan Danino, representing the defendants, successfully established a defense line that the court accepted. The central argument, supported by evidence and cross-examination in meticulous litigation, was that the employee acted independently in performing the dangerous action and did so without any instructions.
Careful, thorough litigation over more than two years exposed numerous contradictions in the testimonies of the complainant and the prosecution’s witnesses, ultimately leading the court to render a verdict of acquittal due to reasonable doubt.
For contact and further information, you can reach Adv. Eldan Danino:Mobile: +972-52-5315031Email: office@danino-law.com
By: Attorney Eldan Danino – Expert in Occupational Safety Law in the Construction Industry
A construction worker's fall from the fifth floor resulted in a complex multi-system injury and led to the filing of an indictment against the foreman and the construction company. The indictment was heard before the Tel Aviv Magistrate's Court, which in a unique and unusual ruling completely acquitted the defendants.
This is no trivial matter. A criminal conviction for a work accident at a construction site could have had dramatic consequences for the foreman and the construction company, far beyond their "criminal record."
The construction manager could have lost his license and, worse, his freedom, as he faced a real risk of imprisonment behind bars. The construction company could have been removed from the contractors' register, its classification revoked, and of course, financial sanctions in the hundreds of thousands of shekels. Needless to say, a criminal conviction would have significantly worsened the legal situation of the defendants in a parallel civil lawsuit filed against them in connection with the case.
The Eldan Danino Law Firm, which represented the defendants, was able to prove a line of defense that was accepted by the court. At its center was the claim, proven by evidence and cross-examination in meticulous litigation, that the employee performed the dangerous action on his own initiative and without receiving any instructions.
In a legal proceeding that lasted over two years, the defense succeeded in presenting numerous contradictions in the versions of the complainant and the witnesses on behalf of the prosecution, and the court signed the verdict of acquittal due to doubt.
To contact us and receive further details, please contact Attorney Eldan Danino.
Mobile: 052-5315031
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