Who is Responsible for Preventing Fire Ant Infestations?
Section 242 of the Municipalities Ordinance (1964) mandates municipalities to address matters of “sanitation, public health, and convenience“. This section obligates municipalities to take “measures to remove or prevent any nuisance“ relating to “sanitation, public health, and convenience“. Specific guidelines are usually found in each municipality’s local bylaws.
Furthermore, Section 63(8) of the Local Councils (Regional Areas) Order stipulates that the local council must take measures to ensure public health; including “preventing the appearance and spread of diseases and pests“ and “destroying pests“ and removing hazards detrimental to public health.
This also applies to mosquito bites carrying West Nile virus. Separate provisions within the Municipalities Ordinance address wild boars and other animals. Specific instructions are available concerning wild boars.
Under tort law, individuals have a duty to mitigate their losses. Therefore, if a fire ant infestation occurs at your home, you are expected to attempt independent pest control and implement measures to prevent further infestation.
If a fire ant infestation becomes a nuisance due to negligence by the local authority or regional council, a claim for compensation can be filed for personal injury or property damage. A small claims lawsuit is also an option.
Such a claim can include compensation for personal injuries or related damages: medical and travel expenses; lost wages or business income; missed events; lost trips or flights; and more. Compensation for emotional distress and pain and suffering can also be claimed.
If the injured party is a minor subject to compulsory education, they may, under certain circumstances, be entitled to compensation from student personal accident insurance. If the injury occurred in the workplace, it may, under certain circumstances, be classified as a workplace accident.
Before filing a claim: photograph the site of the incident; document your contacts with the local authority; photograph any physical damage; and maintain records of all subsequent events (from medical documents to that month’s payslip).
Tip: Before going to court, it’s advisable to send the local authority a demand letter before initiating legal proceedings. Describe the incident and request compensation for settlement purposes.
Filing a Small Claims Lawsuit for Fire Ant Injuries
As of January 2024, small claims are limited to 38,900 ₪. If multiple claimants wish to file a joint claim, the total claim amount is capped at this limit (e.g., if the entire family was affected).
A small claims lawsuit can be filed free of charge using the court’s form. Many claimants find the process outdated. The form must be printed, handwritten, and the fields do not allow for a clear and full explanation of the facts. Many claimants also struggle with filing via the “Net Mishpat” court website and find it difficult to submit manually in person.
With Dino’s system, a small claims lawsuit can be generated online from any device using a smart, dynamic questionnaire pre-designed by a lawyer.
This innovative Israeli system uses questionnaires pre-designed by lawyers, adapting to user responses. It allows file uploads from any device, automatically organizing them into appendices (no printing required). The average time to generate a small claims lawsuit is approximately 14 minutes.
The process automatically generates a small claims lawsuit compliant with court administration instructions, overcoming the technical and procedural hurdles of preparing the lawsuit.
An optional filing service provides complete assistance, generating the lawsuit, paying the court fee, and having a legal courier submit it to the court. The client simply waits for notification of filing and then manages the case independently.
Read more about generating and filing a small claims lawsuit with Dino’s smart system.
