Case Number
C.A. 176/53
Date Decided
9-24-1954
Decision Type
Appellate
Document Type
Full Opinion
Abstract
The plaintiff was employed by the defendant to work an electrically-driven wool-teasing machine. On January 17, 1951 the plaintiff was cleaning the machine when his hand got caught and, before it could be released, was seriously injured. The plaintiff sued the defendant for damages for negligence and breach of the statutory duty to fence securely every dangerous part of any machinery or to provide the other safety measures set out in s. 18(1) of the Factories Ordinance, 1946.1)
The Court of first instance, in dismissing the claim, held that there had been no breach of statutory duty because the employer had put the necessary fence on the machine and although there might be greater protection for the worker by use of a morticed lock, in fact no such lock was in use or available in Israel nor was it used to a great extent outside Israel.
Held, allowing the appeal, that the duty to secure the safety of the employee was absolute, and that this duty was not discharged by employing a method by which the safety of the employee was in fact not secured although such method was the one generally employed.
The appellant was awarded IL.15,000.- as damages for the injuries received.
Keywords
Employment, Torts -- Breach of statutory duty, Torts -- Compensation, Torts -- Fault, Torts -- Negligence
Recommended Citation
Berinson, Zvi; Goitein, David; and Landau, Moshe, "Atia v. Rosenbaum" (1954). Translated Opinions. 64.
https://larc.cardozo.yu.edu/iscp-opinions/64
