Wild Boar Damage: Obtaining Compensation and a Free Cease and Desist Letter.

Wild boars roaming in urban areas constitute a dangerous public nuisance, particularly prevalent in the Carmel coastal settlements. Beyond the fear of attack, they cause significant property damage and sometimes even personal injury. Learn about your rights to compensation and download a sample warning letter for free here.

Wild Boars – Who is Liable Under the Law?

The law assigns municipal authorities responsibility for regulating wild boars in urban areas. Section 247(b) of the Municipalities Ordinance states: “The municipality shall regulate or prevent the keeping of pigs. It shall also regulate other animals to prevent public nuisance or health hazards. Furthermore, it shall regulate or prevent animal grazing or passage.”

According to court rulings, the municipalities’ duty is broad and includes, inter alia:

1. Erecting appropriate signage warning of the presence of wild boars and providing driving instructions.
2. Installing fences to prevent crossing roads and urban pathways.
3. Culling the wild boar population through legal hunting by an authorized party (the Nature and Parks Authority).
4. Preventing proximity to residential areas; removing waste and garbage (which attracts wild boars).
5. Securing garbage bins (which are also a significant attraction for wild boars).
6. Enforcing municipal supervision to ensure the proper distribution of food to stray cats.

If the municipality fails to fulfill its duty, it commits a tortious act of negligence (Section 35 of the Torts Ordinance). While Section 35 refers to the default of a “person,”

Section 4 of the Interpretation Law defines a person as also including a “corporation,” and Section 7 of the Municipalities Ordinance states that a municipality is a corporation. Accordingly, the municipality can be held liable for the tort of negligence due to an urban hazard in the form of a wild boar.

This issue raises similar questions regarding mosquito bites carrying the West Nile virus, and bites and damages from fire ants.

Typical Damages from Wild Boars

Most tort claims related to wild boars involve vehicle damage. Boars run onto roads, causing drivers to swerve and hit objects. Sometimes, drivers directly hit the boar.

Many residents also file small claims for other issues:

• Damage to plumbing.
• Sanitation nuisance (overturned garbage cans).
• Damage to crops.
• Physical injury to animals, including pets.
• Physical injury to humans, direct or indirect.

Note: Animals are legally considered “property.” If a boar attacks a pet, owners can claim property damage, similar to vehicle damage.

What Documents Should You Gather to Receive Compensation?

Each case is unique, but these are the common documents to gather to claim compensation from the municipality:

Documenting Damage for Wild Boar Claims

To support your claim, thorough documentation is key.

Incident Location:

• For vehicle damage, include car camera footage or scene photos.

Damage Documentation:

• For vehicle damage, provide photos of the damage. For bodily injuries, a medical expert’s opinion suffices; photos of injuries aren’t needed.
• For plumbing or sanitation issues, include photos and real-time videos of the location and damage.

Expert Opinions:

• Vehicle damage: Include an appraiser’s report. If your insurer paid, provide proof and claim the difference from the municipality.
• Bodily injury: Include medical documents. A medical expert’s opinion linking the injury to the incident is beneficial. For example, if a prior heart condition exists, linking a heart attack to a boar encounter will be challenging.
• Animal injury: Include veterinary records.

Receipts and Expenses:

• Gather all related expenses. This includes repair costs, appraiser/medical expert fees, travel to medical centers, and proof of lost workdays or income.

How to Receive Compensation?

Before rushing to file a claim, it is advisable to send a warning letter before initiating legal proceedings to the municipality. The warning letter should detail the incident and state a compensation demand for settlement purposes only. See a sample warning letter for free download here. You can attach the supporting documents you have gathered to this letter.

If the municipality does not respond or refuses to compensate you for the agreed-upon amount, you can file a tort claim against it. Usually, the damages are not high, and it is usually advisable to file a small claims lawsuit. As of January 2024, you can file a small claims lawsuit for up to NIS 38,900.

Sometimes, claimants whose claim amount is higher prefer to “give up” a little to file a small claims lawsuit (rather than a regular civil lawsuit). The reason is clear: filing a small claims lawsuit is a significantly cheaper and faster process. The fee is less than half the fee of a regular procedure.

There are no attorney fees, as this proceeding excludes lawyers. The judge conducts the process flexibly, usually favoring the citizen and offering help. Official data shows judgments typically occur after one hearing, within 4.8 months on average. This contrasts sharply with regular civil procedures, which can last years.

Filing a Small Claims Lawsuit Due to Wild Boar Damage

As of January 2024, small claims lawsuits are limited to NIS 38,900. Therefore, if several claimants wish to file a lawsuit together, the claim amount is limited to this ceiling.

With Dino’s system, you can produce a small claims lawsuit online from any device, using a smart, dynamic questionnaire pre-defined by a lawyer and tailored to each type of small claims lawsuit.

The system is an innovative Israeli development. It overcomes the outdated judiciary system. You can produce lawsuits online. The system also allows file uploads from any device. It translates them into an organized appendix key.

A help wizard guides users. It explains procedural questions that often confuse claimants. On average, producing a small claims lawsuit takes about 14 minutes. The system automatically creates a lawsuit. It perfectly adapts to court administration instructions.

You can also buy a filing service. This offers a complete package. The lawsuit is produced, court fees are transferred. A legal courier delivers it to court. The client then just waits for filing notification. From there, they manage the case independently.

Read more about producing and filing a small claims lawsuit with Dino’s smart system.