Wild Boar Damage: Obtaining Compensation and a Free Cease and Desist Letter.

Wild boars roaming urban areas pose a significant public hazard, particularly in Carmel coastal communities. Beyond the fear of attack, they cause considerable property damage and, occasionally, personal injury. Learn about your rights to compensation and download a sample demand letter here.

Wild Boars – Who is Liable Under the Law?

Under Israeli law, the municipality is responsible for regulating the presence of wild boars in urban areas. Section 247(b) of the Municipalities Ordinance states: “The municipality shall regulate or prevent the keeping of pigs, regulate the keeping of other animals so that their keeping does not constitute a public nuisance or a health hazard, and regulate or prevent the grazing or passage of animals.”

Court precedents establish broad municipal obligations, including:

1. Erecting appropriate signage warning of wild boar presence and providing driving instructions.
2. Installing fences to prevent access to roads and urban thoroughfares.
3. Culling the wild boar population through licensed hunting (by the Nature and Parks Authority).
4. Preventing proximity to residential areas; removing waste and garbage (which attracts wild boars).
5. Securing garbage bins (which also significantly attract wild boars).
6. Enforcing municipal oversight to regulate the feeding of stray cats.

Failure by the municipality to fulfill its obligations constitutes a tortious act of negligence (Section 35 of the Torts Ordinance). While Section 35 refers to the default of an “individual,”

Section 4 of the Interpretation Law defines an individual as also including a “corporation,” and Section 7 of the Municipalities Ordinance stipulates that a municipality is a corporation. Accordingly, the municipality can be held liable for negligence resulting from an urban hazard in the form of a wild boar.

This raises similar issues concerning mosquito bites carrying the West Nile virus, and damage from fire ants.

Typical Damages from Wild Boars

Most related tort claims involve vehicle damage. Wild boars running into roadways cause drivers to swerve, resulting in collisions with other vehicles or stationary objects. Sometimes, drivers are unable to brake in time and directly hit the boar.

Numerous residents have filed small claims for various other reasons: damage to residential plumbing; sanitation nuisances (overturning unsecured garbage bins, a failure of the municipality to fulfil its legal obligation); damage to agricultural crops; physical injury to animals, including pets; and, of course, physical injury to humans (directly or indirectly).

It should be noted that animals are considered “property” under the law (chattel). Therefore, if a wild boar attacks a pet, the owner can sue, claiming the municipality damaged their property, just as they would if the boar damaged their vehicle.

Necessary Documents for Compensation

Each case is unique. However, these are common documents needed to claim compensation from the municipality:

1. Documentation of the incident location. For example, if the incident occurred during driving: video footage from a dashcam or photos of the scene.
2. Documentation of damages. In the case of vehicle damage: photos of the damage to the vehicle. If there are bodily injuries, there is no need to attach photos of the physical injury, and it is sufficient to attach an expert medical opinion on the damage caused. If there is damage to plumbing or a sanitation nuisance – photos of the location and damage (also in real-time video) will be very helpful.
3. Relevant expert opinion. For vehicle damage, include an appraiser’s assessment of the damage. If you have claimed from your car insurance, show proof of the amount received and demand the difference (if any) from the municipality. For bodily injury, attach medical documents, but a medical expert’s opinion establishing a direct link between the injury and the bodily harm is advisable. For example, if a person claims a heart attack due to an encounter with a wild boar, but it turns out that he has a known heart condition, it will be difficult to claim a direct link. If an animal was harmed, veterinary documents can be attached.
4. Receipts and expenses. All expenses incurred since the incident. Repair costs; payments to appraisers or medical experts; travel expenses to medical centers; proof of lost workdays or business income; etc.

Obtaining Compensation

Before filing a lawsuit, it is advisable to send the municipality a demand letter prior to legal proceedings. The demand letter should detail the incident and state the compensation claim for settlement purposes only. See a sample demand letter for free download here. You can attach supporting documentation collected up to that point.

If the municipality does not respond or refuses to compensate you with an acceptable amount, you can file a tort claim against it. Generally, the damages are not high, and it is usually appropriate to file a small claims lawsuit. As of January 2024, you can file a small claims lawsuit for up to NIS 38,900.

Sometimes, claimants whose claim exceeds this amount prefer to reduce their claim slightly to file a small claim (rather than a regular civil lawsuit). The reason is clear: filing a small claim is significantly cheaper and faster. The fee is less than half the fee for a regular procedure.

There are no lawyer’s fees (as this is a procedure conducted without lawyers for either side). The procedure itself is conducted with greater flexibility by the judge, who usually favors the individual and tries to assist them. According to official data from the judiciary, a judgment is typically rendered after one hearing within an average of 4.8 months. This is in contrast to a regular civil procedure, which can take years.

Filing a Small Claims Lawsuit Due to Wild Boar Damage

As of January 2024, small claims are limited to NIS 38,900. So, if multiple claimants wish to file a lawsuit together, the claim amount is limited to this ceiling.

With Dino’s system, you can generate a small claims lawsuit online from any device, using a smart and dynamic questionnaire pre-defined by a lawyer and tailored to each type of small claim.

The system is a new Israeli development that overcomes the outdated system offered by the judiciary. In addition to generating the lawsuit online, the system allows you to upload files from any device and translate them into a structured appendix key.

While using the system, a help wizard explains procedural questions with which claimants usually struggle. Bottom line: the average usage time for generating a small claims lawsuit is approximately 14 minutes. At the end of this short process, a small claims lawsuit perfectly tailored to the instructions of the court administration is automatically generated.

You can also purchase a filing service, thus receiving a full package including lawsuit generation, court fee transfer, and legal courier service for delivery to the court. All the client needs to do is wait for notification that their lawsuit has been filed, and then they will manage the case independently.

Read more about generating and filing a small claims lawsuit with Dino’s smart system.