Compensation for Dog Bites – Not Just from the Owner: The Correct Legal Procedure

Can a Small Claims Suit Be Filed Following a Dog Bite?

A small claims suit can be filed following a dog bite, but please read this article carefully.

In recent years, there has been a noticeable increase in reported dog bites. Regardless of the dog’s size or temperament, a dog bite is an unpleasant event, often resulting in serious injuries, both physical and otherwise.

This article will examine the relevant legal provisions, exceptions to owner liability, potential compensation sources, and how to claim such compensation (not just from the dog owner).

Dog Bites: What Does the Law Say?

The Israeli Tort Ordinance previously included a clause addressing injury caused by a “prone-to-harm animal.” However, due to the significant increase in dog bite incidents, the Tort Ordinance was amended in 1992, adding a separate chapter (D1) solely addressing “damage caused by a dog.”

The law establishes absolute liability for dog owners. The injured party need not prove negligence on the owner’s part; even if the owner took all possible precautions or was not present. However, once the dog’s involvement in causing the injury is proven, the owner is liable. (Section 41a of the Tort Ordinance)

Cases Where a Dog Owner May Have a Defense

Only three situations provide a legal defense for a dog owner under the Tort Ordinance: (Section 41b of the Tort Ordinance)

1. Provocation: If the injured party provoked the dog;
2. Assault on Owner or Family Member: If the injured party assaulted the owner, spouse, parents, or children;
3. Trespassing: If the injured party trespassed on the owner’s property.

Who Can Be Sued?

1. The Owner. As stated, the dog owner bears absolute liability for their dog’s attack. They are the primary and obvious party from whom compensation should be sought.
2. National Insurance Institute (NII). If the injury occurred at work and resulted in lost wages, a claim for injury benefits can be filed (subject to eligibility requirements). If the injury did not occur at work, a claim for accident benefits can be filed for up to 90 days.
3. Insurance Company. If you have personal accident insurance, you are entitled to compensation; that’s precisely what such insurance covers. To check your personal accident insurance coverage, you can consult the Ministry of Finance’s Itur website or the Pension Clearinghouse. If your dog caused the injury on insured premises, check if you have third-party liability insurance. Note! According to Section 31 of the Insurance Contracts Law, 5741-1981, insurance claims become statute-barred after 3 years from the date of injury. Claims submitted after 3 years are likely to be rejected.
4. Students’ Personal Accident Insurance. According to Section 6(d1) of the Compulsory Education Law, 5709-1949, students entitled to free education in Israel are covered by municipal personal accident insurance. This covers children in public kindergartens aged 3 and older, and minors up to age 18, even if they have not completed 12th grade (but have completed their 11th-grade studies). The insurance is valid at any time and place – including leisure time and throughout the year. The funds are collected from parental contributions, with monthly amounts set annually by the Knesset Education Committee. In case of injury to an eligible student, request the insurance policy details from the educational institution’s secretariat. Note! According to Section 31 of the Insurance Contracts Law, 5741-1981, insurance claims become statute-barred after 3 years from the date of injury. Therefore, claims submitted after 3 years, even if submitted in error, are likely to be rejected.

Is Compensation Limited to Physical Injuries?

Compensation can be awarded for damages beyond physical injuries. Claims can include pecuniary damages (reimbursement for past and future expenses) and non-pecuniary damages (e.g., pain and suffering, emotional distress). Case law indicates that non-pecuniary damage awards in dog bite cases can reach thousands of shekels, in addition to compensation for physical injuries.

Time Limits for Claiming Compensation

For claims against the NII, timelines vary depending on the type of compensation sought. Claims against an insurance company for insurance benefits must be filed within 3 years of the incident. Other dog bite claims filed in court must be submitted within 7 years. However, the civil law principle of “lack of delay” applies; claims should be filed as soon as possible.

How to Obtain Compensation

Due to the relatively low and uncomplicated nature of damages in most dog bite cases, a small claims suit is usually appropriate. For higher damages, a suit can be filed in the Magistrate’s Court or District Court. For NII claims, compensation is sought directly from the NII; for insurance claims, it’s advisable to contact the insurance company first and, if payment is refused, file a small claims suit.

A small claims suit is limited to claims up to NIS 38,900 (as of January 2023). It can be filed in the small claims court in the district where one of the following applies: (Section 2a of the Small Claims Courts (Rules of Procedure) Regulations, 5737-1976)

1. The defendant’s residence; or
2. The defendant’s place of business; or
3. The location where the act or omission giving rise to the claim occurred.

Why a Small Claims Suit?

Small claims proceedings are faster, more efficient, and cheaper than standard civil proceedings. According to official data from the judiciary, the average processing time for small claims in Israel (from filing to judgment) is six months. In contrast, civil suits can drag on for years. Furthermore, small claims are significantly cheaper. Court fees are lower (up to 1% compared to 2.5% in regular courts), and legal representation is not required.