Failure to install a safety railing entails negligence.
Aug 21, 2017
John Geva and Shlomi Hadar - Lawyers and Mediators
An incident occurred. As a minor, S. climbed onto the roof of the school with several of his friends, apparently with the aim of inhaling air conditioning gas. As part of a dispute between S. and his friend, S. was pushed off the roof of the school and, to his great regret, met his death in a tragic event. The friend who pushed him was also convicted of manslaughter in a criminal proceeding against him.
S.'s estate was devastated by the tragic event, which instantly destroyed his world. In dealing with S.'s death, a lawsuit was filed with the Herzliya Magistrate's Court. The lawsuit was filed against the friend who pushed S. to his death, against the Municipality of Netanya, on whose territory the school was located, against the insurance company that insured the Municipality of Netanya, and against the Ministry of Education, as the entity in charge of educational institutions in the country.
The lawsuit listed a variety of claims against the various defendants, including the claim that the tragic event could have been prevented with proper supervision and by
John Geva and Shlomi Hadar - Lawyers and Mediators
An incident that happened was this. As a minor, S. climbed onto the roof of the school with several of his friends, apparently with the aim of inhaling air conditioning gas. As part of a dispute that took place between S. and his friend, S. was pushed off the roof of the school and, sadly, died in a tragic incident. The friend who pushed him was also convicted of manslaughter in a criminal proceeding conducted against him.
S.'s estate was devastated by the tragic event, which instantly destroyed his world. As part of dealing with S.'s passing, a lawsuit was filed with the Herzliya Magistrate's Court. The lawsuit was filed against the friend who pushed S. to his death, against the Netanya Municipality, on whose territory the school was located, against the insurance company that insured the Netanya Municipality, and against the Ministry of Education, as the entity in charge of educational institutions in the country.
The lawsuit listed a variety of claims against the various defendants, including the claim that the tragic event could have been prevented with proper supervision and by placing a safety railing on the school roof. Honorable Judge Amiad Rat (in his ruling dated 9.7.17, Tel Aviv (Herzliya) 26057-11-12) analyzed the parties' claims in a professional and comprehensive manner, while referring to the various evidence and the provisions of the law and case law.
The court's decision
The Honorable Justice Ratt supported his decision by tracing Jewish law, which constitutes a complementary and vital source of law even today, and we will focus on this below.
And so it is said in our sources: " When you build a new house and make a parapet for your roof, you shall not shed blood in your house, for the one who falls will fall from it ." (Deuteronomy 22:8). The meaning of these words is that the parapet is a safety measure, intended to prevent the occurrence of a fall from a roof. Honorable Justice Rat added in this context that it is not for nothing that the Rambam included this commandment as one of the seventeen commandments in the Laws of Murder and the Preservation of Life (Rambam, Laws of Murder and the Preservation of Life, Chapter 11, Halacha 14).
And so that we do not tend to think that these things are only meant when there is a danger of death, the obligation was also expanded to prevent harm to humans (Sefer Hinunchuh Mitzvah Tkemu).
The Sages, based on the conclusion of the verse, which concerns preventing falls, expanded the obligation that ostensibly applied only to new houses and applied this commandment to anything that poses a danger.
That is to say, placing a safety railing in a new home is a Torah obligation, and our sages have expanded this obligation to any possible danger. A study of our sources shows a general obligation to protect the lives and physical integrity of people, and in doing so, not to place obstacles. Furthermore, to the extent that such obstacles exist, one must take action to remove them.
Meanwhile, the question arose: should a person expect harm that might be caused to a person who entered his home without permission and in the process installed a railing in his private yard? Ostensibly, entering a home without permission is an unacceptable course of action and even constitutes a violation of the law. However, because there is a concern for human life, the obligation to install a railing also applies in a private yard. In fact, as we have shown above, our sages expanded the obligation to install a safety railing in order to prevent any possible danger. In this framework, therefore, there is an obligation to install a railing on roofs that are in use or where at least there is a possibility of using those roofs.
Honorable Judge Ratt ultimately concluded that the Municipality of Netanya acted negligently when it failed to install a railing on the school roof, which could have prevented the tragic event and its dire consequences.
** As of the date of this writing, it is not known whether an appeal has been filed with the District Court .
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