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

Can a Small Claims Lawsuit Be Filed Following a Dog Attack?

A small claims lawsuit can be filed following a dog attack; however, careful review of this article is advised.

In recent years, there has been a notable increase in reported dog attacks. Regardless of the dog’s size or temperament, a dog attack is, at the very least, an unpleasant event, sometimes resulting in serious harm – and not only physical.

This article will outline the legal provisions governing such attacks, instances where owners may not be liable, who can be compensated, and how compensation is sought (not solely from the attacking dog’s owner).

Dog Attacks: What Does the Law State?

The Israeli Tort Ordinance previously included a clause addressing injury by a “dangerous animal.” However, due to a significant rise in dog attacks, the Ordinance was amended in 1992, adding a separate chapter (D1) specifically addressing “damage caused by a dog.”

The law establishes absolute liability for dog owners in cases of attack. The injured party need not prove negligence on the owner’s part; the owner might have taken all possible precautions or even been absent. However, once the dog’s involvement in the injury is proven, the owner is liable. (Section 41a of the Tort Ordinance)

Instances Where a Dog Owner May Have a Defense Against Liability

There are only three situations in which a dog owner may have legal recourse under the Tort Ordinance: (Section 41b of the Tort Ordinance)

1. Provocation: If the victim provoked the dog;
2. Attack on Owner or Family Member: If the victim attacked the owner, their spouse, parents, or children;
3. Trespassing: If the victim trespassed onto the owner’s property.

Who Can Be Sued?

1. The Owner. As stated, the dog owner bears absolute responsibility for their dog’s attack. They are the immediate and obvious party from whom compensation should be sought.
2. National Insurance Institute (NII). If the injury occurred during work and resulted in lost wages, a claim for injury benefits can be filed (subject to eligibility requirements). If the injury did not occur during 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; this is precisely the purpose of such insurance. If you are unsure about having personal accident insurance, you can check the Ministry of Finance’s national treasury website or the pension clearinghouse, which detail all your insurance policies. If your dog caused the attack 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 time-barred three years after the incident. Claims filed after this period will likely 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 applies to children in public kindergartens from age 3 and minors up to age 18, even if they have not completed 12th grade (but have completed the 11th-grade curriculum). The insurance is valid at any time and place – including leisure time and throughout the year. The insurance funds are collected from parental contributions, with monthly amounts set annually by the Knesset Education Committee. In case of injury to someone entitled to compulsory education, obtain policy details from the educational institution’s secretariat. Note! According to Section 31 of the Insurance Contracts Law, 5741-1981, insurance claims become time-barred three years after the incident. Claims filed after this period will likely be rejected.

Can Compensation Be Received Only for Physical Injury?

Compensation can also be received for damages beyond physical injury. Claims can be made for financial losses (past and future expenses related to the injury) and non-financial losses (such as emotional distress and suffering). Case law indicates that non-financial compensation for dog attacks can reach thousands of shekels, in addition to compensation for physical injury.

How Long After a Dog Attack Can Compensation Be Claimed?

For claims against the National Insurance Institute, the timeframe varies depending on the type of compensation sought. Claims against insurance companies for insurance benefits must be filed within three years of the incident. Other claims related to dog attacks filed with the court must be filed within seven years. However, the civil law principle of “absence of delay” applies; claims should be filed as soon as possible.

How is Compensation Obtained?

Since dog attacks usually involve relatively low and factually uncomplicated damages, a small claims lawsuit is commonly filed. If damages are higher, a lawsuit can be filed with the Magistrate’s Court or the District Court. For claims against the National Insurance Institute, the claim is filed directly; for insurance companies, it is advisable to contact them first; if they refuse payment, a small claims lawsuit can be filed.

A small claims lawsuit is a suit filed for up to 38,900 NIS (as of January 2023). A small claims lawsuit can be filed with the Small Claims Court in the district where one of the following applies: (Section 2a of the Small Claims Courts (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 Lawsuit?

A small claims lawsuit is a faster, more efficient, and less expensive process than a regular civil procedure. According to official data from the judiciary, the average processing time for small claims lawsuits in Israel (from filing to judgment) is six months. In contrast, civil lawsuits can drag on for years. Furthermore, small claims lawsuits are significantly cheaper. Court fees for filing are lower (up to 1% versus 2.5% in regular courts); and legal representation is not required (the procedure is conducted without lawyers).