My father 'offered sexual services to women for a fee'
Of course, my father was not a male prostitute, but an unknown person who was probably angry with him because he had executed execution procedures decided to take revenge on him, and published that my father was "looking for minors for an entertaining acquaintance", "offering sexual services to women for a fee" and "for free girls". It happened in 2008. My father filed a lawsuit against the website operator in a small claims court and appealed all the way to the Supreme Court, and won. The Supreme Court set a precedent that is still taught in law colleges across the country.
Do you remember smoking in the Dizengoff Center mall?
One person filed 4 lawsuits against businesses that allowed smoking
The non-smoking protest is gaining momentum: a man named Avi Dubitzky recently filed 4 different lawsuits against restaurants and public places that allowed smoking on their premises, in violation of the law. The scope of the claims: 11 thousand shekels, link to the article on Ynet
4 lawsuits against various businesses that allowed smoking in them
A precedent: she smoked in a public place - and was obliged to compensate an asthma patient with NIS 1,000
The precedent thanks to the determination of Avi Dubitzky
An employee at the "Shape" gym in the Dizengoff Center who smoked at the entrance to the place was ordered to compensate one of the subscribers ,
The Magistrate's Court in Tel Aviv ordered a person who smoked in a public place to pay 1,000 shekels to those who were harmed by the smoking. This is the first time that the smoker (and not the business that did not enforce smoking) is obliged to compensate "passive smokers". The judge asked לשגר A clear message to smokers: "Move
The criminal sanction to which the person who violates the provisions of the smoking prevention law is expected, he will also be expected for a civil sanction, and the court will award appropriate compensation for his actions that harm health the other".
Until about two years ago, the law to prevent smoking was a dead letter. About a year ago, the law was amended as stipulated in it Significant fines amounting to thousands of shekels on smokers in public places and on businesses that smoke in their field. Since the police and the local authorities, responsible for its enforcement, are elevated to their position and do not impose fines, citizens took action and sued businesses that smoked on their premises. The courts
Avi Dubitzky, who suffers from chronic asthma, was a member of the "Shape" fitness club in the Dizengoff Center in Tel Aviv.
Through attorney Amira Nahir, he claimed that one of the club's employees, Hila Nahum, smoked upon entering the venue
Against the law, something that caused him discomfort and difficulty breathing. According to him, other workers also smoked
At the entrance to the club and in the other areas of the center.
Dubitzky claimed that he would occasionally remind the reception staff at the club that smoking was prohibited there, but to no avail. His lawyer
She even turned to the club and the nearby "Arcafe" cafe, where the club's employees also smoked, but the phenomenon did not stop.
The club and the employee claimed, through attorney Yossi Oringer, that they make sure that the employees do not smoke in the area of the club, However, the club does not control the area outside of it and is not responsible for what happens there. The club added that it ordered all its employees not to smoke in the commercial areasin the chin, but cannot follow them.
Deterrent compensation
"It was proven before me that Hila smoked in a public place and did not stop doing so, even afterward
that the prosecutor warned her about," stated Judge Oded Maor. "I got the impression that meetings actually took place with potential customers at the Arkape cafe in the Dizengoff Center shopping center, and in the framework these meetings were attended by Hila, as well as other employees of the company".
Therefore, he ruled, "Beyond the penal issue (the criminal fine), the plaintiff has a direct civil claim against her, as someone who was harmed by
According to him, "adequate compensation should be awarded even without proof of damage, in order
To deter the perpetrators of the crime and the many, and in order to repeat and entrench the clear norm he established
the legislator. This is not a trivial matter but health matters, and it is appropriate to let this matter go
weight when awarding compensation".
The judge called on the heads of the local authorities to act "resolutely, energetically and immediately to authorize inspectors to enforce the law, and they will act with determination to preserve public health. A reformed society cannot accept the actions of its individuals, who sometimes choose to ignore it even in violation of the provisions of the law."
The lawsuit against the club was rejected, because the smoking was carried out outside its territory, in a place over which it has no control, and therefore it should not be held responsible Shilohit when it was not proven that he encouraged his employees to smoke there. The judge noted that Dizengoff Center could have been sued, due to its responsibility as a holder
in the public place. (T.A. 50433/07)
Avi Dubitzky wrote articles for the economics section of Ynet
