"Those who are damaged as a result of rain usually deserve compensation, which can reach a very considerable amount" (Photo: ShutterStock)
"Tenants who regularly suffer from flood damage and whose house is flooded every year due to the lack of drainage, must not sit idly by. They must sue the municipality to address the issue and demand the compensation they deserve," claims attorney David Mena, who accompanies dozens of residents who have been damaged by the weather all over the country
Attorney Mena recently filed a large lawsuit for the flood damage in south Tel Aviv
.
As part of the lawsuit, in which 350 residents from the Hatikva neighborhood and the area are represented, the lawyer claims that the municipality, which did not take care of adequate drainage solutions for the residents, was negligent in doing so and must compensate them for the damages they suffered.
Lawyer David Mena (Photo: Reuven Kopicinski)
The water reached a height of 65 cm.
The giant lawsuit refers specifically to one rainy weekend in January 2020. "That weekend, heavy rains fell all over the country, and in south Tel Aviv they caused particularly heavy damage," says Attorney Mena.
"Streets were flooded, water penetrated houses and cars were submerged in water."
The lawsuit claims that as a result of the torrential rains, a huge amount of water entered the residents' homes, flooding their rooms and reaching a height of 65 cm or more. "The floods caused a lot of damage to the residents' houses and destroyed their contents," the lawsuit stated.
As every year, they returned again The sad images of the floods in south Tel Aviv were presented in the media, but behind them was hidden a great sadness of the residents. "Following the heavy rains, those residents had nowhere to live, and their equipment was completely destroyed.
They were in a difficult situation," explains Advocate Mena.
"Floods are not a decree of fate"
as part of the lawsuit, the residents point the finger of blame at the municipality, which did not install an appropriate system for draining rainwater, nor an adequate infrastructure for sewage, despite recurring floods that are caused in the area every year.
According to a hydrological opinion attached to the lawsuit, the drainage system is unable to remove the water that accumulates in the neighborhood, and the floods cause water to seep into the sewers as well.
"As a result", the plaintiffs warn, "if serious work is not carried out in all the drainage systems, the floods will repeat themselves in the future".
"The fact that the municipality did not take care of an adequate drainage infrastructure constitutes negligence on the part of the municipality," claims Attorney Mena. "Each local authority is the only party responsible for the issue of drainage and canalization in its area, and therefore it is also responsible for the damages caused to the residents."
And indeed, the Supreme Court has already ruled in the past that winter floods are not an unusual phenomenon.
According to his decision, the fall of large amounts of rain that could cause flooding is not force majeure.
"Bottom line, the Supreme Court ruled that floods are an event that can be foreseen. Floods are not destiny and can be prevented by the authorities," emphasizes Attorney Mena.
An appraiser's opinion was attached to the lawsuit filed against the Tel Aviv Municipality, which tries to estimate the extent of the damages that were caused to the residents as a result of the floods. According to the lawsuit, each of the residents suffered damage of tens of thousands of shekels, with the lawsuit totaling almost 2.5 million shekels.
"Those who are damaged as a result of rains usually deserve compensation, which can reach a very considerable amount," concludes D prevented.
"Therefore, those who suffer from floods that repeat themselves every year should consider filing a lawsuit on the matter in order to exhaust their rights and make the local authority act and fix what needs to be fixed."
Were you damaged by rains?
Do you suffer from recurring floods every winter that cause heavy property damage and heartache?
Contact
here
or by phone -
072-2599377
to the Mena & Co. law firm for an initial consultation on the matter.
To the firm's page on the Laws website, the
article is courtesy of Zap Laws.
The information presented in the article does not constitute legal advice or a substitute for it, and does not constitute a recommendation for taking procedures or avoiding procedures.
Anyone relying on the information in the article does so at their own risk
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