Tort Claim Against Municipality — Obstruction in the Road in Ramat Gan

An Obstacle in the Road in Ramat Gan — Who is Responsible and Where Are You Entitled to Compensation?

Road accidents caused by obstacles in the road, potholes, cracks in the road, or failure to maintain public infrastructure are among the most common accidents on the street. In Ramat Gan, like in any city in Israel, the responsibility for safe maintenance of roads and public spaces rests with the municipality. When a municipality fails to properly maintain roads or fails to properly mark dangers, it may be liable for damages caused to residents.

If you were injured in an accident due to an obstacle in the road in Ramat Gan, you may be entitled to file a damage claim against the municipality. Such a claim can cover bodily injury, medical expenses, loss of earning capacity, pain and suffering, and in certain cases — loss of future income. Our firm, Mandelbaum, Gor, Weitzman-Gor and Co., specializes in representing claimants in such damage claims and understands the legal nuances of claims against public bodies.

What Are Obstacles in the Road and How Do They Cause Accidents?

An obstacle in the road can appear in various forms: a pothole, a deep crack, an unmarked bump, exposed rock, municipal furniture that has fallen or is not properly secured, tree roots protruding through the sidewalk, exposed pipes, a fallen advertising sign, or even snow and ice that have not been removed during the winter season. All of these can lead to a fall, to a road accident (when a driver is forced to swerve to avoid the obstacle), or to property damage.

In some cases, an obstacle in the road causes a pedestrian to fall — a passerby who falls on the sidewalk and suffers injuries to the head, spine, hands, or any other part of the body. In other cases, it causes a driver to lose control of the vehicle and injure other residents or damage property. In all of these cases, if it can be proven that the municipality was responsible for maintaining the area and knew or should have known about the obstacle, it may be liable to pay compensation.

Municipal Responsibility for Safe Road Maintenance in Ramat Gan

In Israel, a municipality bears a statutory obligation to maintain roads, sidewalks, streets, and public spaces within its jurisdiction in a safe condition. This duty derives from the law and also from principles of tort law accepted in Israel. When a municipality neglects this duty, it may be liable for damages resulting from such negligence.

The municipality's duty includes:

• Periodic inspections: Regular inspection of roads and sidewalks to identify potential obstacles.
• Prompt repairs: Repair or marking of obstacles within a reasonable time after the municipality becomes aware of the problem.
• Proper marking: Clear and visible marking of hazards, especially during evening and night hours (for example, warning signs, lighting, barriers).
• Removal of obstacles: Removal of objects, vegetation, or materials that pose a danger to residents.
• Cleaning and maintenance: Cleaning of snow, ice, leaves, and dirt that may create dangerous conditions.

If the municipality neglected any of these duties, and such negligence caused an accident and damage, there is a strong basis for a damage claim.

Legal Principles in Claims Against Municipality for Obstruction in a Public Way

A claim against a municipality due to an obstruction in a public way is based on the principles of tort law applicable in Israel. In principle, every person is liable for damages caused by breach of their duty of care toward others. A municipality is not exempt from this rule, but it does have certain legal defenses that must be carefully examined.

Liability Based on Negligence

To prove a municipality's liability for an obstruction in a public way, three main elements must be established:

1. Legal Duty: The municipality was obligated to maintain safe roads.
2. Breach of Duty: The municipality neglected its duty (did not inspect, did not repair, did not properly mark the danger).
3. Causation and Damages: As a result of the negligence, the plaintiff suffered damages (bodily injury, property damage, etc.).

In claims against municipalities, it is generally easier to prove the legal duty (as it is established by law), but strong evidence is required to demonstrate that the municipality knew or should have known about the obstruction and failed to repair it within a reasonable time.

Possible Municipality Defenses

The municipality may have several legal defenses:

• Lack of Knowledge: The municipality claims it did not know about the obstruction and should not have known.
• Reasonable Time for Repair: The municipality knew about the problem but did not have sufficient time to repair it within a reasonable timeframe (this can be a weak argument, depending on circumstances).
• Comparative Liability: The municipality claims that the plaintiff or a third party shares responsibility for the accident.
• Force Majeure: In rare cases, if the obstruction was caused by an unforeseeable and exceptional event (such as a sudden earthquake).

Our firm specializes in handling these defenses and proving municipal liability despite their claims.

Types of Damages That Can Be Claimed

When a plaintiff prevails in a claim against a municipality for an obstruction in a public way, they may receive compensation for:

• Bodily Damages: Injuries, fractures, wounds, psychological trauma.
• Medical Expenses: Treatments, examinations, medications, rehabilitation.
• Loss of Earning Capacity: Days when the plaintiff was unable to work due to the injury.
• Pain and Suffering: Compensation for the physical and emotional suffering endured by the plaintiff.
• Loss of Future Income: If the injury resulted in permanent disability or reduction in future earning capacity.
• Property Damages: If the plaintiff's property was damaged in the accident (for example, motorcycle, bicycle, clothing).
• Legal Costs: In some cases, legal expenses and litigation costs as well.

The amount of compensation depends on the severity of the injury, the plaintiff's age, income, maintenance, and other factors. Each case is examined individually, and no two cases are entirely identical.

The Claim Process — From Initial Consultation to Resolution

A claim against a municipality for an obstruction on a public road typically goes through several stages. Understanding these stages can help you navigate the process and plan your next steps.

Stage 1: Initial Consultation and Evidence Collection

When you contact our office, we hold a free initial consultation meeting. During this meeting, we listen to your story, examine the accident, and assess the strengths and weaknesses of your claim. We also explain your rights and the expected procedure.

We then begin gathering evidence: photographs from the accident scene (if available), police reports (if filed), witness statements, medical records, and documentation of damages. We also send formal requests to the municipality for documents related to road maintenance, including maintenance inspection logs, reports of previous accidents in the area, and maintenance budgets.

Stage 2: Legal Assessment and Determination of Claim Amount

After gathering evidence, we assess the strength of your claim and determine a reasonable range of compensation that can be claimed. This assessment is based on similar cases in the past, the severity of the damage, your income, and other factors. We also consult with medical experts to evaluate the extent of your physical injuries.

Stage 3: Sending a Formal Demand to the Municipality and Insurance Company

Following the legal assessment, we send a formal demand to the municipality (or its insurance company) to pay compensation in a specified amount. The demand includes a detailed description of the accident, evidence of the municipality's liability, an assessment of damages, and supporting legal arguments. The municipality/insurance company is typically given a period of 30 to 60 days to respond.

Stage 4: Negotiation

After receiving the municipality's/insurance company's response, we enter the negotiation stage. At this stage, both parties attempt to reach an agreement on the compensation amount. This negotiation can be direct (phone calls, emails) or through a mediator (legal mediator or expert). In some cases, negotiation can be lengthy and contentious; in others, it proceeds quickly.

Stage 5: Settlement Agreement or Lawsuit in Court

If negotiation is successful, we sign a settlement agreement with the municipality/insurance company, and you receive the compensation (sometimes as a lump sum, sometimes in installments). If negotiation fails, we file a formal lawsuit in the district court. In this lawsuit, we present evidence, examine witnesses, and argue before the judge. At the end, the judge determines whether the municipality is liable and in what amount.

Stage 6: Enforcement of the Judgment

If you receive a favorable judgment from the judge, the municipality is required to pay the compensation (usually through its insurance company). If the municipality appeals the decision, the case can go to a higher court (Supreme Court). We represent you at every stage of the process, including appeals if necessary.

Why Choose Our Firm — Mandelbaums, Gor, Witzman-Gor & Co., Attorneys at Law in Ramat Gan

Choosing the right attorney for your personal injury claim is a critical decision. Our firm, Mandelbaums, Gor, Witzman-Gor & Co., offers several unique advantages:

Deep Experience in Personal Injury Law — Representing Plaintiffs Only

Our firm has specialized in personal injury law since 2008. During these years, we have represented hundreds of plaintiffs in claims against municipalities, insurance companies, and other public entities. We do not represent defendants (that is, we do not work for municipalities or insurance companies) — we represent plaintiffs only. This means we are entirely dedicated to your benefit and have no conflicts of interest.

Personal and Dedicated Service

Our firm is a boutique family practice, which means we are not a massive firm with hundreds of attorneys. Each client receives personal and dedicated attention. You are not a file number on a shelf; you are a person who has suffered harm and needs help. We listen to you, we understand your story, and we assist you every step of the way.

Free Initial Consultation

We believe every person is entitled to quality legal advice, even if they cannot afford high legal costs. Therefore, we offer a free initial consultation. In this consultation, we listen to your case, assess the strengths of your claim, and explain the way forward. If you decide to proceed, we work on a contingency fee basis (we take a percentage of the compensation you receive, not a fixed fee in advance).

Current Legal Knowledge and Up-to-Date Case Law

Personal injury law in Israel is constantly evolving. New rulings by appellate courts can change the way claims are handled. We closely monitor these rulings and apply them to benefit our clients. We also participate in professional seminars and courses to stay current in the legal field.

Connections with Experts and Consultants

To build a strong claim, we often need the assistance of medical experts, engineers, or other consultants. Our firm has long-standing relationships with reliable experts in various fields, enabling us to obtain quality expert opinions in a reasonable timeframe and at reasonable costs.

Located in Ramat Gan — Local Service

Our firm is located in Ramat Gan, at 1 Donosh Street. This means we are close to Ramat Gan residents and can offer local service and quick response. We are familiar with Ramat Gan's roads, its municipality, and the common issues in the city. This gives us an advantage in understanding your case.

Case Example — How We Helped Plaintiffs in Similar Claims

In our work since 2008, we have handled dozens of claims against municipalities for road hazards, potholes, cracks, and lack of maintenance. We cannot share identifying details of clients (due to attorney-client privilege), but we can describe the types of cases we have handled:

• Case 1 — Fall Due to Pothole: A resident of Ramat Gan fell on the sidewalk due to a deep pothole that was neither marked nor repaired. The fall resulted in a broken arm and depression. We proved that the municipality was aware of the pothole (due to previous resident reports) but failed to repair it. Ultimately, we secured a substantial settlement for the plaintiff.
• Case 2 — Traffic Accident Due to Hazard: A driver was forced to maneuver to avoid a tree that had encroached onto the road (due to municipal negligence in maintenance), and collided with another vehicle. The driver and other occupants were injured. We established the municipality's liability for failure to maintain the tree and obtained compensation for all injured parties.
• Case 3 — Property Damage: A motorcycle was damaged when the driver encountered a road hazard. We established the municipality's liability and obtained compensation for motorcycle repairs.

Each case is unique, but the pattern is consistent: we gather strong evidence, argue forcefully, and strive to achieve fair compensation for our clients.