Question 1

Who is liable if a defective product causes injury in Israel?

Accepted Answer

Under the Defective Products Liability Law (1980), the manufacturer of a defective product is strictly liable for bodily injury or property damage caused by the product defect — without needing to prove negligence. The importer of a foreign product bears the same liability as the manufacturer. Retailers and distributors may also be liable in negligence for failure to warn or inspect.

Question 2

What types of product defects give rise to a claim?

Accepted Answer

Product liability claims arise from three types of defects: (1) manufacturing defects — where a specific product deviated from its intended design; (2) design defects — where the entire product line is inherently unsafe; and (3) warning defects — where the product was not accompanied by adequate instructions or warnings about known risks. All three types are actionable under Israeli law.

Question 3

Can I claim if I was not the purchaser of the product?

Accepted Answer

Yes. The Defective Products Liability Law protects any person injured by a defective product — not just the purchaser. If you were injured by someone else's defective product (e.g., a family member's appliance, a borrowed tool), you can still claim against the manufacturer or importer.

Question 4

What defences are available to a manufacturer?

Accepted Answer

A manufacturer can defend by showing: (1) the product was not defective when it left the factory; (2) the defect arose from compliance with mandatory Israeli standards; (3) the defect could not have been discovered with the state of scientific knowledge at the time of manufacture; or (4) the injury was caused by the claimant's own negligence or misuse of the product.

Question 5

What is the time limit for a product liability claim in Israel?

Accepted Answer

The limitation period for product liability claims is 3 years from the date the claimant knew or should have known about the injury and its cause. There is also a long-stop of 10 years from the date the product was supplied by the manufacturer. It is important to act promptly — preserve the product and document the defect as soon as possible.

Question 6

Can I bring a class action for a defective product in Israel?

Accepted Answer

Yes. Israel has an active class action regime (tviyas yezetug) and product liability cases — particularly those involving widespread harm from a defective product or inadequate warnings — are common subjects for class actions. Adv. Elmaliach advises on both individual and class action routes for product injury claims.

Product Liability Claims in Israel

Strict Liability for Defective Products

Frequently Asked Questions

Injured by a Defective Product?