In C.C. 1726/06, Tamar Lamberg v. the Airport Authority, which was heard in the Kiryat Gat Magistrates Court, the Court ruled in a claim filed against the Airport Authority for bodily injury. The judgement was handed down on 31 January 2010.
On 20th June 2006 Plaintiff, Ms. Lamberg returned from an organized tour to Slovenia. While she was standing next to the conveyor belt and was waiting to pick up her baggage in the Baggage Reclaim Hall of the airport, another heavy weight passenger appeared behind her, pushed her friend Ms. Levin who was standing on her left, causing bodily injuries to Plaintiff.
The Airport Authority claimed that it was not liable for the acts of passengers and actually the number of passengers waiting for their luggage was fewer than average.
The Court ruled that it is a well known phenomenon to have many passengers rushing towards the luggage conveyer belts, and as such, the Airport Authority, the owner of the airport, should have taken steps to prevent bodily injuries to passengers.
The Court relied on various judgements, inter alia C.A. 1274/01 Rand v. Ethos Ltd. in which the Court found the Haifa Municipality (the owner of a football field) liable for the behaviour of a crowd during a match. In the said claim the crowd rushed onto the football field, trampling Plaintiff causing him severe injuries. In C.A. 14751/05 (Tel Aviv Magistrate Court) Vered Kevich v. Grand Nirvana Hotel the Court found the hotel liable for injury caused to Plaintiff who was pushed into the hotel's swimming pool by mistake by one of the hotel employees. In C.A. 39689/05 (Magistrate Court of Tel Aviv) Senker v. The Airport Authority the Court found the Airport Authority liable in the said claim, where one passenger was pushed by a luggage cart of another passenger. The Court decided that the conditions at the airport were not compatible with the number of passengers and therefore held the Airport Authority liable.
In the Lamberg case the Court found the Airport Authority liable as the owner and the occupant of the Airpiort. The Court took into account the fact that since the airport is the only entrance to Israel for passengers, and thus passengers have no choice but to wait for their luggage at the conveyer belt, the Airport Authority has a duty of care towards the passengers and it has to take reasonable steps to prevent injuries to the passengers. The Court did acknowledge that it is not possible to completely stop pushing and shoving at the airport however simple measures such as cordoning an area in order to enable organized queues and placing orderlies near the conveyor belts would ensure that each passenger could claim his baggage in an organized manner.
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