Responsibility for Preventing Infection
Mosquito breeding sites are typically found near stagnant water sources; ranging from accumulated water in plant pots to ornamental ponds and springs. Individuals should take appropriate measures in their homes and workplaces. This includes installing window screens (especially in rural areas), controlling stagnant water sources (both large and small), and ensuring the removal of standing waste, etc. However, the law does not place the entire responsibility on individuals; it explicitly states that local authorities must take active steps to eliminate public health hazards such as mosquitoes.
Section 242 of the Municipalities Ordinance (1964) addresses the municipalities’ duty to address matters of “sanitation, public health, and convenience“. This section mandates that municipalities take “measures to remove or prevent any nuisance“ related to “sanitation, public health, and convenience“. This includes inspecting and eliminating any hazard related to stagnant water sources (such as taps, drains, sewage pits, watercourses, etc.). Each local authority’s specific guidelines can usually be found in its municipal 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 plagues“ and “eliminating pests“ and removing hazards detrimental to public health.
Incidentally, this applies to other pests as well, such as the notorious fire ants in the Sharon region. Regarding damage caused by wild boars roaming in urban areas, there is a slightly different framework, which can be found here.
I Was Bitten, How Do I Obtain Compensation?
If you were bitten and suffered harm due to negligence by the local or regional council in fulfilling its duties, you can file a claim for damages for personal injury. (Incidentally, you can also file a small claims suit).
Such a claim may also include compensation for consequential damages: loss of workdays or business income, loss of attendance at an event, medical and travel expenses, loss of a trip or flight, and more. Of course, compensation for emotional distress and pain and suffering can also be claimed.
Note! If the bitten individual is a minor subject to compulsory education, they may claim compensation from personal accident insurance for students. If the bite occurred during work, it may be considered a workplace accident entitling the individual 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 file a claim with the Ministry of Defence.
Before filing a claim: Photograph the hazard site; document your contacts with the local authority; photograph any visible physical harm; and keep records of all events since then (from medical documents to payslips for the relevant month to claim for loss of income/workdays).
Tip: Before going to court, it is advisable to send the local authority a warning letter before taking legal action. Describe the incident in the letter and demand compensation for settlement purposes. If this fails, a civil suit can be filed with the assistance of a medical expert’s opinion linking the bite to the physical injury. If the medical expert estimates the damages to be less than 40,000 NIS, a small claims suit can be filed.
