Statute of Limitations in Israeli Torts

The Statute of Limitations Law establishes different limitation periods for various legal matters in Israel. The rules and limitations concerning tort law differ from the general statutes of limitations. Attorney Yuda Elharar, head of the tort department at our law firm, provides a comprehensive overview of the statute of limitations in torts, the rules applicable to tort law, and its various exceptions.

What is the Statute of Limitations?

In legal terminology, the term “statute of limitations” typically refers to the expiration of a legal claim, effectively ending the right to sue in court or initiate legal proceedings.

Accordingly, the “limitation period” is the timeframe during which the injured party is entitled to file a lawsuit for the harm caused to them. If the limitation period expires and the injured party has not exercised their right to sue, that right is forfeited.

The Statute of Limitations Law, 1958, is rooted in the principle of “finality of proceedings.” This principle imposes restrictions on the right to sue and appeal legal processes, aiming to create certainty for litigants and reduce the workload on the courts.

To Whom Does the Statute of Limitations Apply?

• All litigants (there is a distinction between the limitation periods applicable to adults and minors, which is discussed in a separate article).
• Limitations apply even judgments issued by a court if the creditor does not take any action to enforce the judgement within 25 years.
• The state.

Exceptions to the Statute of Limitations:

• The statute of limitations does not apply to judgments that do not require enforcement.
• The statute of limitations does not impair a person’s right to collateral, mortgage, lien, pledge, or similar rights.

Limitation Period in Torts:

For tort claims, Section 89(2) of the Torts Ordinance [New Version] provides as follows:

“Where the cause of action is damage caused by an act or omission – the day the damage occurred. If the damage was not discovered on the day it occurred – the day the damage was discovered. However, in this latter case, the claim shall be barred if not filed within ten years from the date of the damage.”

Generally, the limitation period in tort law begins on the day the cause of action arises. This refers to the day the damage occurred or the act or omission took place, depending on the circumstances. However, there are exceptions where different commencement dates for the limitation period are established.

(See Supreme Court Ruling: CA 1806/05 Harel Insurance Company Ltd. v. Estate of the Late David Amity, 2008).

• In cases of continuous acts or omissions (i.e., issues that occur over a period of time), the limitation period begins on the day the act or omission ceases.
• In cases where the damage was not discovered on the day it occurred, the limitation period begins on the day the damage was discovered. However, in such cases, the claim must be filed within ten years of the occurrence of the damage.

The duration of the limitation period varies depending on the matter, the field, and specific laws relevant to the case.

General Limitation Periods

As a rule, in tort claims, the statute of limitations is seven years from the date the damage occurred (as explained above) until the expiration of the claim.

For real estate matters, the general limitation period is fifteen years, unless the property is registered in the land registry (“Tabu”), in which case the limitation period extends to twenty-five years.

Certain topics are governed by specific laws that define different limitation periods. For example, the Equal Opportunities in Employment Law, 1988.

Additional exceptions to the limitation period are found within the Statute of Limitations Law, other specific statutes, and relevant case law. As noted above, the limitation periods are determined based on the specific subject matter, field, legislation, and legal claim in question.

Exceptions to the Statute of Limitations

There are exceptional cases where the limitation period may deviate from the standard prescribed by law. In some situations, the limitation period may be interrupted before it concludes, extended, shortened, or may commence later than usual.

Such exceptions often depend on the parties involved, their personal circumstances, their relationship, their conduct, and the type of claim. Below are some examples:

1. Defendant’s Misconduct

If the defendant or someone on their behalf intentionally misleads the plaintiff, threatens them, exploits their distress, or uses coercion to delay or prevent the lawsuit, the court may suspend the limitation period until the misconduct ceases.

2. Plaintiff Unaware of the Facts

If the plaintiff was unaware of the facts constituting the cause of action due to reasons beyond their control and could not reasonably prevent this lack of awareness, the limitation period begins only when these facts become known. (Section 8 of the Statute of Limitations Law)

3. Agreed Limitation Period

The parties may agree to extend the limitation period beyond what is stipulated by law. For claims unrelated to real estate, they may agree to a shorter period, provided it is no less than six months.

4. Mental or Cognitive Impairment

The limitation period excludes any time during which the plaintiff was unable to manage their personal affairs due to a mental or cognitive disability, whether temporary or permanent. If the plaintiff had a guardian who was unaware of the facts constituting the cause of action, that period is also excluded. The limitation period will not expire until at least two years after the obstacle is removed.

5. Marriage

The limitation period excludes the time during which the parties were married. In cases of an annulled or legally dissolved marriages, the parties are considered married until the day of annulment or dissolution. The limitation period will not expire until at least one year after the end of the marriage.

6. Residence Abroad

The limitation period excludes the time during which one of the parties resided in a country where, due to the conditions or the relationship between that country and Israel, the parties could not pursue legal proceedings. The limitation period will not expire until at least one year after the circumstances preventing the claim have ended.

Seeking Legal Advice

The above exceptions are only a partial list of cases where the statute of limitations may vary. These exceptions are determined by the circumstances and the type of claim.

In any situation where a tort claim arises, even if there is concern that the claim may be time-barred, it is crucial to collect all relevant documents, information, or expert opinions supporting the damage caused. Consulting an attorney specializing in tort law and statutes of limitations is essential to understand the full picture and secure the rights afforded by law.

Contact us to schedule a consultation at our offices in Tel Aviv or Jerusalem

This article does not substitute for professional legal advice regarding statutes of limitations in general or tort claims in particular.

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