CA 73/86 Sternberg v. Municipality of Bnei Brak dealt with a resident of Bnei Brak who slipped on a sidewalk due to sewage flooding. The court held that the municipality was negligent, and that the burden shifts to the municipality to show that it was not. The municipality did not meet that burden.
On one hand, the decision can be criticized because it involves the allocation of public resources, and the imposition of liability may divert resources from other public needs. On the other hand, it can be justified based on factors such as the municipality’s control over the infrastructure and the foreseeability of the risk, especially where sewage water flooded Rashi Street and pedestrians struggled to cross.
And why did I recall all this? Not long ago, as I drove through the streets of Bnei Brak, I found myself enthusiastically photographing the street and its drainage infrastructure. Everyone has their story.
