West Nile Fever: Who is Liable? And a Free Downloadable Cease and Desist Letter.

West Nile fever is dominating headlines due to a significant increase in cases. However, despite the widespread discussion, one question remains unanswered: Who is legally responsible, and is compensation possible? Find all the answers and a free downloadable demand letter here.

West Nile Fever: Modes of Transmission

West Nile fever (or its full name: West Nile virus) is a viral disease originating in animals that can be transmitted to humans. The primary cause is a virus found mainly in birds, transmitted through the bite of mosquitoes feeding on infected birds. The incubation period, from the bite to the onset of symptoms, ranges from five to 21 days. The illness itself typically lasts six to three days.

Symptoms are similar to influenza and often resolve spontaneously; these include headache, fever, weakness, rash, muscle aches, and sometimes gastrointestinal symptoms (nausea/diarrhea). In more severe cases – affecting less than 1% of the population according to the Ministry of Health – neurological damage and, ultimately, death can occur.

The Ministry of Health has reassured the public that this is a viral disease not directly transmissible between humans.

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.

Filing a Small Claims Suit for Personal Injury

As of January 2024, small claims are limited to NIS 38,900. Therefore, a claimant filing a personal injury claim should take into account that this is the maximum compensation that can be awarded.

Dino’s system overcomes the archaic method currently used for filing small claims. With Dino, you can generate a small claims suit online from any device, using a smart, dynamic questionnaire that progresses according to the user’s responses.

The system allows uploading files from any device and translating them into an organized appendix (no need to print anything). The average time spent using the system to generate a small claims suit is approximately 14 minutes. At the end of this short process, a small claims suit fully compliant with the court’s instructions is automatically generated. This helps overcome the technical and procedural obstacles of preparing a suit. Those who wish may also purchase a filing service, providing a complete package including suit generation, payment of court fees, and a legal courier to submit the suit.

For more information on generating and filing a small claims suit with Dino’s smart system.

Free Demand Letter Download