Product Liability in Israel – Suing for Damages
The laws regarding product liability in Israel assure that local manufacturers and importers are held legally liable for any harm or losses caused by their products. Therefore, if a consumer suffers damage to their person or property due to a defective product or a product sold without adequate safety instructions, the local manufacturer or importer is obligated to compensate the consumer fully.
Israeli tort law provides consumers with broad legal protection from the purchase of defective products. However, not everyone knows their legal rights. Therefore, I wrote the following article to help you understand the basics of product liability claims in Israel so that you can insist on your right to fair compensation.
If you have additional questions, I encourage you to contact our law firm. Call 03-3724722 or email us at [email protected]. You can schedule an appointment with us in our Tel-Aviv or Jerusalem offices.
Product Liability Law in Israel
The sale of defective products (whether knowingly or not) is categorized as a civil wrong in Israel and is part of tort law (dinei nezikin in Hebrew). Any consumer (regardless of nationality) that has experienced damage from a defective product in Israel may file a financial compensation claim against the manufacturer.
The primary legal sources that guide the court decisions in product liability cases are the Liability for Defective Products (1980) law, the Civil Wrongs Ordinance, and previous precedents set by Israeli courts. Accordingly, you should hire the services of a knowledgeable civil lawyer that has experience with product liability cases in Israel.
Examples of product liability claims
There are many ways in which faulty products can cause damage; For example, a person might get injured because a chair they recently purchased collapsed when they sat on it. After one such incident, a woman received over 50,000 NIS in compensation.
In another example, a defective electrical appliance short-circuited and caused significant property damage. The owner filed a lawsuit and received more than 400,000 NIS as compensation from the manufacturer. That sum included 50,000 NIS for their emotional pain and suffering.
Claimants who suffered from food poisoning in Israel had previously sued the offending restaurants, vendors, or retailers. Judges have often awarded large sums in damages to the plaintiffs as compensation for their pain and suffering, far beyond the cost of their medical treatment. If a defective product has caused you bodily harm or property loss, you should contact a product liability lawyer in Israel and file a claim for damages.
Against whom should I file the claim?
According to the law, the responsibility for damages from an Israeli-made product belongs to the manufacturer. If it is an imported product, the importer is held liable. However, if the identity of the manufacturer or importer is unclear, the entity who sold the product is held accountable. Note that often you can simultaneously sue the manufacturer for negligence as well.
In Israeli law, the term product includes movable products and real estate properties, such as structures and buildings. It also includes all the components that comprise a finished product and its packaging. If a particular part is faulty and causes harm, both the manufacturer of that part and the manufacturer of the finished product have legal product liability in Israel. In other words, both manufacturers must provide compensation for the damage.
Legal limits on product liability lawsuits
Israel has a statute of limitations on civil lawsuits, also called the prescriptive period. The standard prescriptive period is seven years from the occurrence of an alleged civil wrong. After that period, the wronged party can no longer file a lawsuit. However, product liability lawsuits are subject to a more restrictive statute of limitations.
You must file a product liability claim within three years of the relevant incident and no more than ten years after the product left the manufacturer’s control. Therefore, you should contact a civil attorney without delay if a defective product has caused you harm.
Sometimes the damage harms the claimant financially in the form of lost earnings. The claimant deserves compensation for these losses. However, the amount is restricted by law to three times the average wage in Israel, even if their salary is usually higher.
Possible defense strategies of the manufacturer
Product liability claims in Israel are very different from criminal cases. A prosecutor in a criminal case must prove beyond a reasonable doubt that the defendant is guilty of a crime. Conversely, liability claims require only that the evidence shows that it is more likely that the product was defective than not. Moreover, the claimant does not need to prove that the manufacturer was negligent. They remain liable for the defective product in any case.
Even if the injured individual was reckless, that does not absolve the manufacturer of their liability. However, if the court considers the claimant’s behavior grossly negligent, the judge might reduce the amount of compensation.
There are defenses that manufacturers and importers often use to avoid liability for a defective product. They may claim that the defect only occurred after it left their possession, as evidenced by safety checks that they routinely run. Alternatively, the manufacturer might contend that despite their attempts to prevent the product’s distribution, the provider sold it against their wishes. An experienced civil attorney will be able to counter these arguments and convincingly argue your case in court.
Israeli product liability lawyer
Our law firm has offices in Tel-Aviv and Jerusalem, where you will find attorneys who specialize in different aspects of civil law, including product liability in Israel. My colleagues and I have experience representing clients in various tort claims, including medical malpractice, personal injuries, and defective product liability lawsuits. We look forward to speaking to you about your case.
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