Responsibility for Preventing Infection
Mosquito breeding grounds are often found near stagnant water sources; ranging from accumulated water at the bottom of plant pots to ornamental ponds and springs. While individuals should take reasonable steps to control their immediate environment (e.g., installing window screens, especially in rural areas; managing stagnant water sources; and disposing of waste), the law does not solely place responsibility on individuals; it explicitly mandates that local authorities actively take measures to eliminate public health hazards such as mosquitoes.
Section 242 of the Municipalities Ordinance (1964) addresses the municipalities’ obligation to deal with matters of ”sanitation, public health, and convenience”. This section requires municipalities to take ”measures to remove or prevent any nuisance” relating to ”sanitation, public health, and convenience”. This includes the municipality’s obligation to inspect and remove any hazard related to stagnant water sources (such as taps, drains, sewage pits, watercourses, etc.). Specific guidelines for each authority can usually be found in the local by-laws.
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”, as well as ”eliminating pests” and removing hazards detrimental to public health.
This also applies to other pests, such as the infamous fire ants in the Sharon region. Regarding damages caused by wild boars roaming in urban areas, there is a slightly different framework described here.
I Was Bitten – How to Obtain Compensation
If you were bitten and suffered harm due to negligence on the part of the local or regional council in fulfilling its duties, you can file a lawsuit against it for damages (you can also file a small claims suit).
Such a claim may also include compensation for consequential damages: lost wages or business income, missed events, medical and travel expenses, missed trips or flights, and so on. Of course, compensation for pain and suffering can also be claimed.
Note! If the bitten individual is a minor subject to compulsory education, they may be able to claim compensation from student personal accident insurance. If the bite occurred in the workplace, it may be considered a work-related injury entitling the victim to compensation from the employer and/or the National Insurance Institute. If the bitten individual is a soldier on active duty or reserve duty, they must pursue their claim with the Ministry of Defence.
Before filing a lawsuit: photograph the hazard site; document your contact with the local authority; photograph any visible physical injury; and keep records of all events since then (from medical records to that month’s pay slip, to claim compensation for lost income/workdays).
Tip: Before going to court, it’s advisable to send a demand letter before initiating legal proceedings to the local authority. Describe the incident in the letter and demand compensation for settlement purposes. If unsuccessful, a civil lawsuit can be filed with the support of a medical expert’s opinion linking the bite to the physical injury. If the medical expert estimates damages at less than NIS 40,000, a small claims suit can be filed.