Tort law at Israel
Israeli tort law is primarily governed by the Civil Wrongs Ordinance (New Version), 1968, which serves as the foundational statute for civil liability in Israel. This ordinance is modeled on English common law and has been adapted through various amendments to address contemporary legal challenges.
🏛️ Legal Framework
The Civil Wrongs Ordinance (New Version) outlines the general principles of tort law in Israel, including:
Negligence: A person is liable for damages caused by their failure to exercise reasonable care.
Breach of Statutory Duty: Failure to perform a duty imposed by legislation, resulting in harm to another person.
Strict Liability: Liability without fault for certain activities that inherently pose risks to others.
These principles ensure that individuals and entities are held accountable for harm caused by their actions or omissions.
⚖️ State Liability
The Civil Wrongs (Liability of the State) Law, 5712-1952 governs the circumstances under which the state can be held liable for tortious acts. Notably, the law has undergone significant amendments:
Amendment No. 7 (2005): Introduced Section 5C, which exempted the state from liability for acts performed by security forces during wartime or in conflict zones. However, the Israeli High Court ruled this provision unconstitutional, emphasizing the need for case-by-case assessment of liability.
Amendment No. 8 (2012): Expanded the state's immunity by redefining "act of war" and restricting the jurisdiction of courts handling such cases. This amendment has been criticized for hindering accountability for human rights violations.
These amendments highlight the evolving balance between state security concerns and the protection of individual rights.
🧒 Liability of Minors
Under the ordinance, individuals under the age of 12 are generally not liable for civil wrongs. However, minors aged 12 to 18 can be held liable, with considerations given to their age and maturity. This approach aligns with the principle that liability should be commensurate with an individual's capacity to understand the consequences of their actions.
🏢 Corporate Liability
Corporations can be held liable for tortious acts committed by their employees within the scope of employment. This ensures that businesses are accountable for harm caused by their operations and that victims can seek redress.
⚠️ Defenses in Tort Claims
The ordinance provides several defenses to tort claims, including:
Voluntary Assumption of Risk: If the plaintiff knowingly and voluntarily exposed themselves to a risk, liability may be reduced or negated.
Contributory Negligence: If the plaintiff's own negligence contributed to the harm, the court may reduce the compensation awarded.
These defenses aim to ensure fairness by considering the conduct of all parties involved.
⏳ Statute of Limitations
The statute of limitations for filing tort claims in Israel varies depending on the nature of the claim. Generally, claims must be filed within seven years from the date the cause of action arose. This period may be extended in certain circumstances, such as when the plaintiff was unaware of the injury or the defendant's identity.
🧾 Conclusion
Israeli tort law, as encapsulated in the Civil Wrongs Ordinance and related statutes, provides a structured framework for addressing civil wrongs and ensuring accountability. While the law has evolved to address contemporary challenges, ongoing debates continue regarding the balance between state immunity and individual rights.
RELATED Blog
0 comments