Claiming damages against a local authority in Jerusalem – The complete guide 2026

Who is responsible? The Jerusalem Municipality, which knew – or should have known – about the damage to the sidewalk and did not repair it.

Rachel is no exception.. Every year, thousands of tort claims are filed in Israel against local authorities, the majority of which stem from accidents that could have been completely prevented – broken sidewalks, faulty street lighting, dangerous public parks, poor drainage that creates ice in the winter. The local authority, as the one responsible for maintaining the public area, bears a clear legal responsibility – but also comes to court equipped with a legal team, municipal insurance, and prepared defense arguments.

Therefore, correct knowledge is power.. In this article, the Halevi Law Firm in Jerusalem brings you the complete legal guide – from the moment you are injured to compensation.

2. What is a tort claim against a local authority??

2.1 The legal basis – The Torts Ordinance and Beyond

A tort claim against a local authority is primarily based on פקודת הנזיקין [נוסח חדש], תשכ”ח–1968. Section 35 of the Ordinance establishes the tort of negligence: A person (including an authority) owes a duty of care to those who may be harmed by his actions or omissions, and if he violates this duty and damage is caused, he is liable for compensation.

Alongside the Torts Ordinance, the subject is also addressed by provisions חוק הרשויות המקומיות (שמירת הניקיון), תשמ”ד–1984, and specific legislation in the field of public space maintenance.

בית המשפט העליון קבע בע”א 145/80 ועקנין נ’ המועצה המקומית בית שמש – פסק דין שנחשב עד היום לאחד מאבני היסוד בתחום – את מבחן “הצפיות” לבחינת אחריות הרשות: האם הרשות צפתה או הייתה צריכה לצפות שמחדלה יגרום נזק?

2.2 הרשות כ”מזיק” – What is different from a lawsuit against a private individual?

Lawsuit against a local authority It differs from a lawsuit against an individual in several essential aspects. beginning, available Partial immunity For significant government actions – such as fundamental planning decisions. again, exists Unique promotional conditions of providing advance notice to the authority before filing a claim. Third, The authority usually has extensive insurance and lawyers on its behalf – which requires professional representation on the part of the injured party.

3. Who is responsible? – And when??

3.1 The local authority's duty of care

The Supreme Court has enshrined in extensive case law the principle that a local authority has an obligation Conceptual and concrete duty of care Towards the public who use the area under its responsibility.

בע”א 862/80 עיריית חדרה נ’ זוהר It was determined that a municipality responsible for maintaining a road owes a duty of care to its users, and failure to repair a known hazard constitutes negligence.

When did the responsibility arise?? Liability arises when three cumulative conditions are met: there is a duty of care, the authority breached the duty (by act or omission), and this breach caused damage. The key is often Knowledge or ability to know – Did the authority know about the hazard, or should have known about it upon reasonable inspection?.

3.2 Contributory negligence – When the victim also bears some responsibility

Local authorities usually raise the claim Contributory negligence – That is, that the injured person himself contributed to the accident. for example: Using a phone while walking, wearing high heels, ignoring a warning sign.

Section 68 of the Torts Ordinance Allows the court to divide liability between the authority and the injured party and reduce compensation accordingly. Early and accurate documentation of the accident scene – including photographs, witnesses and previous complaints to the authority – is the best defense against this claim.

3.3 Responsibility of other parties besides the authority

Sometimes responsibility is divided between the local authority and other entities:

Electricity company Who dug and did not finish restoring her sidewalk.

contractor Who carried out work and did not properly rehabilitate the area.

Cellular company That built infrastructure and did not rehabilitate the environment.

In such cases, all parties can be sued together – and the court will divide the liability between them.

4. Common types of cases in Jerusalem

4.1 Falling on a broken or improper sidewalk

The most common case. Jerusalem, with its wide geographical spread, old neighborhoods, and ancient city, is dealing with outdated sidewalk infrastructure. Falls due to broken, protruding, sunken tiles, or improper edges constitute the majority of claims against the Jerusalem Municipality in the field of torts.

The ruling awarded compensation to the plaintiff who fell due to a protruding tile in the Rehavia neighborhood, after it was proven that the municipality had received complaints about that sidewalk months before the accident and had failed to act.

4.2 Faulty street lighting and hazards in the dark

When a streetlight is out of order and a dark sidewalk causes an accident at night, the authority may be liable. The court examined such cases based on the question of how long the light had been out of order before the accident, and whether the authority knew about the defect.

4.3 Public parks and dangerous playgrounds

Jerusalem operates dozens of public parks. A malfunctioning playground, an exposed metal edge, a poorly covered pit – all of these can be grounds for a lawsuit, especially when it comes to harming a minor. The Supreme Court discussed this issue and ruled that the authority has increased responsibility for maintaining playgrounds intended for children.

4.4 Poor drainage and flooding

Jerusalem winters sometimes cause flooding in neighborhoods with poor drainage. When flooding causes damage to property, a business, or a person, the authority's liability for failure to maintain drainage infrastructure can be examined.

4.5 Accidents due to improperly marked infrastructure work

Roadworks, excavations, and temporary installations that are not properly marked are a common source of accidents. Traffic regulations and instructions from the Ministry of Transportation Establish specific marking obligations, the violation of which strengthens the cause of action.

4.6 Stray dogs and animals

חוק פיקוח על כלבים, תשנ”ד–1994 Imposes a duty on the local authority to supervise stray dogs. When a dog attacks a person on a public street, the authority's responsibility can be examined if it did not act to reduce the phenomenon in its area.

5. The stages of the lawsuit – From the first moment until compensation

5.1 What to do immediately after the accident – The critical 48 hours

The steps taken in the first hours after the accident will often decide the fate of the case:

Comprehensive documentation: Take photos of the accident scene from multiple angles, including close-up and far-away, and the specific damage (the broken tile, the pothole, the broken headlight). Do this. On the same day – The authority often corrects the hazard after it learns of the accident, and early documentation is indisputable evidence.

Witnesses: Get names and contact information of witnesses who were present at the scene.

Receiving and documenting medical treatment: Go to the emergency room or doctor. On the same day and describe the exact circumstances. Medical records are the backbone of proving the damage.

Filing a complaint with the authority: Contact the Jerusalem Municipality (Maintenance Department) and document the complaint in writing. This creates a record that the authority knew about the hazard.

5.2 The advance notice to the authority – The date not to be missed

Section 5 of the Torts Ordinance In combination with חוק הרשויות המקומיות (אחריות ברשלנות), תשנ”ב–1992 They state that a prerequisite for filing a lawsuit against a local authority is the provision of Written notification to the authority within 60 days From the date the damage occurred. Without this notification, the court may dismiss the claim outright.

The message should include: A description of the accident, its date, its exact location, the nature of the alleged damage, and the details of the injured party. The Supreme Court discussed the question of advance notice and determined that the requirement should be interpreted with some flexibility, but the basic rule – 60 days – It is a red line that must not be crossed.

5.3 Expert opinions – The evidentiary basis

A tort claim against a local authority is based on two main opinions:

Medical opinion: A medical expert who will determine the causal relationship between the accident and the bodily injury, the degree of permanent disability (if any), and the treatments required in the future. The medical opinion largely determines the amount of compensation.

Engineering opinion: A safety engineer will examine the physical condition of the hazard and determine whether it had a defect that posed a reasonable risk to victims. This opinion establishes the breach of the duty of care.

5.4 Managing negotiations with the Authority's insurance

לרשויות מקומיות בישראל בדרך כלל ביטוח צד ג’ מקיף. לאחר הגשת ההודעה המוקדמת, פונה לרוב חברת הביטוח של הרשות ומנסה לפתור את העניין בפשרה. Negotiating with the insurance company requires experience. – Insurance companies often offer a settlement that is much lower than fair compensation, hoping that the injured party will accept the first offer.

5.5 Filing a lawsuit in court

אם המשא ומתן נכשל, מוגשת תביעה לבית המשפט המוסמך: תביעות עד 33,400 ש”ח – בית משפט לתביעות קטנות; עד כ-2.5 מיליון ש”ח – בית משפט שלום; מעל לכך – בית משפט מחוזי. בירושלים, תיקים נגד עיריית ירושלים מתנהלים בבית המשפט המחוזי ירושלים או בבית משפט השלום בירושלים, בהתאם לסכום.

6. The advance notice to the authority – Details and highlights

6.1 To whom and how to send?

The advance notice is submitted toHead of local authority (Mayor of Jerusalem) And to the Authority's legal advisor, by registered mail with delivery confirmation, and preferably also by fax and e-mail, with documentation of each method of delivery. Keep the delivery confirmation – it is evidence of written documentation.

6.2 Prior notice and the statute of limitations

Apart from the prior notice, a tort claim is subject to a period 7-year statute of limitations From the date the damage occurred, according to חוק ההתיישנות, תשי”ח–1958. Regarding minors – the statute of limitations only begins on the day they reach the age of 18. However, it should not be concluded that it is possible to wait 7 years – early representation gives a significant evidentiary advantage.

7. Calculating compensation – What do you deserve??

7.1 The main damages in a personal injury claim

The compensation in a tort claim is calculated according to multiple heads of damage, each of which constitutes a separate item in the claim:

Non-pecuniary damage (pain and suffering): פיצוי על עצם הפגיעה, הכאב הפיזי, הסבל הנפשי, ופגיעה באיכות החיים. בית המשפט העליון עיגן את השיקולים לחישוב ראש נזק זה בע”א 398/99 קופת חולים כללית נ’ טבקמן.

Past loss of wages: Income that was withheld from the injured person during the treatment and recovery period is calculated based on payslips and employer approvals.

Loss of future earning capacity: If the disability is permanent and affects earning capacity over time, discounted future compensation is provided.

Past and future medical expenses: Including surgeries, physiotherapy, medications, assistive devices, and future treatments according to medical opinion.

Third party help: If the injured person needs help with daily activities during the recovery period or permanently.

Property damage: Damage to clothing, glasses, phone, bicycle, and any property damaged in the accident.

7.2 How does the court determine the amount of compensation??

The court used theMorbidity and mortality tables, the average wage in the economy, the medical opinion, and the economic opinion. In a precedent-setting ruling, the Supreme Court established principles for assessing functional disability as opposed to medical disability – that is, a medical disability of 10% may reflect a higher functional impairment in the victim's specific occupation.

8. Authority defenses and how to deal with them

8.1 “We didn't know about the hazard.“

The most common claim by the authority is that it was unaware of the existence of the hazard. This claim can be refuted in several ways: proving previous complaints filed with the authority, examining the authority's maintenance files (which can be obtained as part of document discovery in the legal process), proving that the hazard was so obvious and obvious that not knowing about it constitutes negligence in itself.

8.2 “We acted reasonably and within budget.“

הרשות עשויה לטעון שמשאביה מוגבלים ושהיא מתעדפת תחזוקה על פי מדיניות סבירה. בית המשפט העליון דחה טענה זו כהגנה מוחלטת בע”א 915/91 מדינת ישראל נ’ לוי, and determined that a budget limit does not exempt an authority from responsibility for repairing a known dangerous hazard.

8.3 “The injured party contributed to the accident.“

As noted above, the ISA will often attempt to prove contributory negligence. Documentation of the circumstances of the accident, an accurate description in an affidavit, and supporting testimony are the way to refute this claim.

8.4 “The hazard caused the accident, not the disability.“

The authority may argue that the disability suffered by the injured party stems from a pre-existing condition, and not from the accident. A well-formulated medical opinion, which establishes a causal link between the accident and the damage, is the professional response to this claim.

9. Government ministries and relevant entities

9.1 Jerusalem Municipality – Relevant departments

Infrastructure Maintenance Division: The department responsible for maintaining sidewalks, roads, lighting, and public infrastructure in Jerusalem. Contacting this department after an accident creates an official record of the authority's knowledge.

The Legal Advisor of the Jerusalem Municipality: The advance notice is submitted to the Legal Advisor and the Mayor.

Municipality Insurance Department: Manages tort claims on behalf of the municipality and works with the insurance company.

9.2 Ministry of the Interior – Supervision of local authorities

Ministry of the Interior Supervises the proper functioning of local authorities. In serious cases of systematic maintenance failures, you can also contact the ministry.

9.3 Ombudsman for Public Acceptance in Local Authorities

Every local authority must appoint Public Acceptance Commissioner. A complaint to the Commissioner does not replace a legal claim, but creates an official record of the complaint and can be used as evidence in the proceedings.

9.4 National Insurance Institute – Coordination with compensation

An injured person in an accident that occurred on public property may also be entitled toDisability benefit from the National Insurance Institute. It is important to know that the compensation paid by the National Insurance Company is offset against the compensation in the tort claim – according to חוק הביטוח הלאומי [נוסח משולב], תשנ”ה–1995 – And correct calculation of the amounts requires legal advice.

10. Frequently Asked Questions

Does every fall on the street give rise to a lawsuit??

לא. נדרש להוכיח שהנפילה נגרמה בשל מפגע ספציפי שהרשות הייתה צריכה לתקן. נפילה “סתם” ללא ליקוי בתשתית לא תצליח בתביעה. לכן, תיעוד המפגע המדויק שגרם לתאונה הוא קריטי.

How long does the process take?? 

A simple case that reaches a settlement with the ISA insurance may be completed in 6–18 months. A complex case that reaches a verdict may take 3–5 years. Early professional representation speeds up the process.

Can I sue even if I am partially to blame??

Yes. Even if the court determines contributory negligence of 30% on the injured party, he will still receive 70% of the full compensation. Contributory negligence reduces, does not eliminate.

What happens if the victim is a minor??

Special rules apply to a minor's claim: A claim can be made up to 7 years from the date of reaching the age of 18. The parents submit the advance notice and the claim on their behalf. Minors' compensation is approved by the court.

Can I only sue for bodily injury??

No. You can also sue for property damage only (such as damage to a bicycle in a pothole on the road), and also for emotional damage in appropriate circumstances.

What are the lawyer's fees??

In most tort cases, the fee is paid as a percentage of the compensation awarded – this arrangement allows every injured party, regardless of their financial situation, to receive professional representation.

Is it possible to sue the state and not just the authority??

Yes, under certain circumstances. If the damage was caused to infrastructure that is the responsibility of the state (government road, government institution), the state can be sued under חוק הנזיקים האזרחיים (אחריות המדינה), תשי”ב–1952.

What to do if the authority rushed to repair the hazard after the accident?

Repairing the hazard after the accident does not erase liability – on the contrary, it can serve as an implicit admission that the hazard existed. It is important to document the hazard. before That the authority is coming to fix it.

11. Don't wait for the next meeting with the authority.

The time clock starts running from the moment of the accident. Evidence that disappears. Witnesses who lose their memories. Damages that are repaired.

Every day that passes without action is a day that could hurt your portfolio.

Halevi Law Firm in Jerusalem Specializing in tort claims against local authorities. We know the Jerusalem Municipality, the procedures, the local courts, and the fastest and most efficient way to get you the compensation you deserve.

Initial consultation meeting – No cost and no obligation.

Contact us – Every hour is important..

This article is written for general information purposes only and does not constitute legal advice. For personal advice tailored to your circumstances, contact the Halevi Law Firm in Jerusalem.