Public Negligence Attorney in Petah Tikva

What is Public Negligence and How We Help

Public negligence is a breach of the duty of care by public bodies, local authorities, government ministries, public health institutions, or other entities operating for the benefit of the public. When a public authority or body acts negligently or unlawfully, and thereby causes damage to a citizen, there is a right to claim compensation. Mandelbaum, Gor, Witzman-Gor & Co. specializes in representing claimants in public negligence claims since 2008, and provides comprehensive legal guidance throughout the demand, claim, and appeal process.

In Petach Tikva and throughout the central region, we encounter public negligence claims in many areas: injury due to improper maintenance of public roads, failure to enforce safety in public facilities, negligence of public health bodies, injury due to violation of safety regulations in public institutions, and virtually any case where a public body or local authority should have acted with care but failed to do so.

Why Choose a Lawyer Specializing in Public Negligence Claims

A public negligence claim is not a simple claim. The defendant is typically a government or public body with substantial legal resources, and each such claim requires a deep understanding of the law, the specific circumstances of the case, and negotiation or litigation skills grounded in knowledge. A lawyer specializing in this area can help you:

• Evaluate the viability of your claim — not every public negligence claim will succeed, and it is important to understand in advance the likelihood of success and the required investment.
• Gather evidence and documentation — these claims typically require persuasive evidence, affidavits, government reports, expert opinions, and building a strong legal case.
• Conduct negotiations with the defendant — many claims are settled, and here too skilled negotiation is essential.
• File a claim in court — if no settlement is reached, your lawyer will represent you in court throughout all stages of the proceedings.
• Handle appeals and further proceedings — if the initial decision is not in your favor, your lawyer can handle an appeal or petition to a higher court.

Mandelbaum, Gor, Witzman-Gor & Co. works on the basis of personal and dedicated attention to each client. We understand the emotional and financial impact of damage caused by public negligence, and are committed to efficient and cost-effective representation.

Common Areas of Public Negligence Claims

Public negligence claims can arise in a wide variety of circumstances. Below are some of the common areas in which we pursue claims:

Negligence in Public Road Management

When a local authority or the Ministry of Transportation is responsible for the maintenance and repair of a public road and fails to do so in a timely manner, or fails to warn the public of a known danger—there may be grounds for a public negligence claim. Example: a neglected pothole on a road caused an accident, or a road defect was not repaired despite repeated reports.

Negligence by Public Healthcare Entities

Public hospitals, health funds, and other healthcare entities must operate within certain standards of safety and care. When they fail to do so—for example, surgical error, misdiagnosis, or negligence in administering medication—a public negligence claim may be available.

Negligence in Maintenance of Public Facilities

Parks, sports facilities, public cultural venues, and other government-owned properties must be safe for public use. If someone is injured due to unsafe conditions in such a facility—for example, fallen furniture, broken stairs that were not repaired, or defective lighting—there is grounds for a claim.

Negligence in Issuing Permits and Government Actions

When a local authority or government ministry issues a permit or grant permission negligently, or conducts a transaction without proper examination—and this causes damage—there is grounds for a public negligence claim. Example: a building permit issued for a building that proved to be unsafe.

Negligence in Fulfilling Legal Duties

Every public entity must fulfill its legal obligations. When a public entity fails to do so, and this causes damage—for example, failure to investigate a complaint, or failure to enforce the law when required by statute—there is grounds for a claim.

The Litigation Process in Public Negligence Claims

To understand what to expect, here is an overview of the standard process in public negligence claims in Israel:

Stage 1: Initial Consultation Meeting

You come to the Mandelboim, Gor, Witzman-Gor office in Petach Tikva (Yoni Netanyahu 8) or at another office of the firm. We listen to your story, ask detailed questions, and investigate the circumstances. In this meeting, we assess your claims, the preliminary evidence, and the chances of success. This meeting is at no cost.

Stage 2: Legal Review and Evidence Collection

If you decide to proceed, we conduct a thorough legal review: we investigate the law applicable to your case, examine the relevant case law, and begin gathering evidence. This includes requests for official documentation, photographs, affidavits, and expert opinions (for example, from an engineer, physician, or safety inspector).

Stage 3: Preparation of Demand or Notice

Sometimes, before filing a lawsuit, we send a formal demand letter to the defendant (the public body) in which we detail your claims, the evidence, and the compensation sought. This demand may lead to a settlement without the need for formal litigation.

Stage 4: Negotiation

Typically, the public body (or its insurance) will respond to the demand. We conduct negotiations from a position of legal knowledge, attempting to achieve the best possible settlement. In many cases, a settlement is reached at this stage without the need for formal litigation.

Stage 5: Filing a Lawsuit in Court

If negotiation is unsuccessful, we file a formal lawsuit in the competent court. We prepare a detailed complaint, attach evidence, and commence formal legal proceedings. At this stage, the defendant files a response, and the process advances through successive hearings.

Stage 6: Presentation of Evidence at Trial

In legal proceedings, both parties present evidence: affidavits, documentation, witnesses, and expert opinions. In these hearings, we address legal issues, conduct cross-examinations, and present our arguments. Typically, this stage lasts months or years, depending on the complexity of the case.

Stage 7: Judgment

Finally, the judge issues a judgment. If you prevail, the defendant will be ordered to pay compensation. If the judgment is not in your favor, you may file an appeal to a higher court.

Each case is unique, and the duration of the process varies depending on complexity, the defendant's cooperation, and the workload of the courts. Mandelboim, Gor, Witzman-Gor will maintain regular communication with you and report on the progress of the proceedings.

Legal Standards in Public Negligence Claims

To succeed in a public negligence claim, certain legal standards must be met. Generally, the plaintiff must prove the following:

1. Existence of a Legal Duty

First, you must prove that the public body owed a legal duty to the plaintiff (or to the public at large). This duty may arise from law (statute or regulation), from case law, or from circumstances (i.e., the public body created a dependency or specific danger).

2. Breach of Duty

Second, you must prove that the public body breached the duty. This means it failed to act as a reasonable person would have acted in similar circumstances. This need not be intentional conduct—negligence (lack of care) is sufficient.

3. Actual Damage

Third, you must prove that the plaintiff suffered actual damage. This damage may be physical (bodily injury), emotional, or financial (medical expenses, loss of income, etc.).

4. Causal Connection

Fourth, you must prove a causal connection between the breach of duty and the damage. In other words, if this breach had not occurred, the damage would not have happened. This need not be the only causal connection, but it must be a reasonable causal connection.

In Israeli case law, there is also a requirement of "reasonableness"—that is, the damage was reasonably foreseeable given the circumstances. Sometimes, even if all the above elements are proven, the court may decide that the damage is not reasonably foreseeable enough and render a judgment in favor of the defendant.