Dog Bite Compensation – Liability Extends Beyond the Owner: A Guide to Proper Procedure

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

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

In recent years, there has been a noticeable 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 severe damages – both physical and otherwise.

This article will examine relevant legal provisions regarding attacks; instances where owners may not be liable; who can be compensated and how to pursue compensation (from parties beyond the attacking dog’s owner).

Dog Attacks: The Legal Framework

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

According to the law, a dog attack establishes absolute liability for the owner. The injured party does not need to prove owner negligence; the owner might have taken every precaution or not even been present. However, once the dog’s involvement in the injury is proven, the owner is liable. (Section 41A of the Tort Ordinance)

Situations Where a Dog Owner May Have a Defense

There are only three situations where a dog owner may have a legal defense under the Tort Ordinance: (Section 41B of the Tort Ordinance)

1. Provocation: If the injured party provoked the dog;
2. Attack on Owner or Family Member: If the injured party attacked 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 during work and resulted in lost wages, an application for compensation can be filed. If the injury did not occur at work, an application can be made for accident compensation for up to 90 days.
3. The Insurance Company. If you have personal accident insurance, you are entitled to compensation; this is precisely why you have such insurance. If unsure about personal accident insurance, check the Ministry of Finance’s “Mount of Money” website or a pension clearinghouse to review past policies. If your dog was the aggressor and the incident occurred on insured property, consider whether you have third-party liability insurance. Note! According to Section 31 of the Insurance Contracts Law, 1981, insurance claims become time-barred three years after the injury. Claims submitted after this period will likely be rejected.
4. Student Personal Accident Insurance. According to Section 6(d1) of the Compulsory Education Law, 1949, students entitled to free education in Israel are covered by municipal personal accident insurance. This includes children aged three and over in public kindergartens and minors up to age 18, even if they haven’t completed 12th grade (but have completed their 11th-grade curriculum). Coverage is valid anytime, anywhere – including leisure time and all year round. The insurance funds are collected from parents’ monthly payments, determined annually by the Knesset Education Committee. In case of injury to someone entitled to compulsory education, request the insurance policy details from the school administration. Note! According to Section 31 of the Insurance Contracts Law, 1981, insurance claims become time-barred three years after the injury. Claims submitted after this period will likely be rejected.

Compensation for Physical Injuries Only?

Compensation can be sought for damages beyond physical injuries. Claims can include pecuniary damages (reimbursement of past and future expenses resulting from the injury) and non-pecuniary damages (such as emotional distress, pain, and suffering). Case law indicates that non-pecuniary damage awards in dog attack cases can reach thousands of shekels, in addition to compensation for physical injuries.

Statute of Limitations for Dog Attack Compensation

Regarding claims against the NII, timeframes vary depending on the type of compensation sought. For insurance claims, the claim must be filed within three years of the incident. Other claims filed with the court can be filed within seven years. However, the civil law principle of “lack of delay” applies; claims should be submitted as soon as possible.

How to Obtain Compensation

Due to the relatively low and uncomplicated nature of damages in most dog attack cases, a small claims suit is usually appropriate. If damages are assessed at a higher amount, a suit can be filed with the Magistrate’s Court or District Court. For NII claims, compensation is requested directly from the Institute; for insurance companies, it’s advisable to contact them first. If payment is refused, a small claims suit can be filed.

A small claims suit is for claims up to 38,900 NIS (as of January 2023). A small claims suit 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, 1977)

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

Why a Small Claims Suit?

A small claims suit is a faster, more efficient, and less costly procedure than a regular civil suit. 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. Additionally, small claims suits are significantly cheaper. For example, court fees for filing are lower (up to 1% versus 2.5% in regular courts), and legal representation is not required (the proceedings are conducted without lawyers).