Product Liability Litigation in Israel and the United States

December 18, 2017 Published Work
Israel America Chamber of Commerce Newsletter, December 2017

The following is a fictional conversation between two litigators; Alan from New Haven, Connecticut in the United States and Gilad from Ramat Gan in Israel. They share a client incorporated in Connecticut, with its principal place of business in Hartford, Connecticut.

The client has a world-wide distribution network, including a sales subsidiary in Israel. The client makes toys and the U.S. and Israel are its largest markets. Recently the client issued a global recall of a toy that can be swallowed easily by young children.

Alan: Gilad, our mutual client would like us to compare the judicial systems of Israel and the United States given the likelihood of product litigation in both countries. Can you give a high-level description of the Israeli system?

Gilad: Sure. A little background: Israeli law is based on the English common law which it inherited from the British mandate. There is no formal written constitution, however the Israeli Parliament, beginning in 1992, enacted several Basic Laws for the protection of fundamental civil rights and liberties.

Israel, unlike the United States, is a single state and does not have separate federal and state court systems. Instead, Israel has a single court system comprised of the Magistrate Courts, the District Courts, and the Supreme Court.

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