אחריות המדינה ורשויותיה בדיני הנזיקין en
The IDF carries out blurring operations that raise clouds of dust for those passing near the border. The owner of an apple orchard sues the state, claiming that these dust clouds cause a decrease in the orchard’s yield; following a circumcision, severe damage develops to a baby’s membranous organ. Along with the mohel and the hospital, the state is also being sued for its failure to regulate the issue of the competence and certification of mohels; a rabbinical court issues an order to delay a person’s departure from the country, and despite this, he leaves the country through Ben Gurion Airport. The same man’s wife sues the state, claiming that the Israel Police officers were negligent in not preventing him from leaving the country; a man is stabbed on the eve of Lag B’Omer by another man in a moment of passion. The injured party claims that the police were negligent in deploying their forces on the eve of the holiday.
These real cases remind us that the modern state exists and acts for its citizens. It is no longer the state of a single ruler acting for him and in his name, but rather the state of its citizens, whose role is to protect the rights of these citizens and to promote their well-being. The expansion of the areas of activity in which the state is involved and in which it exercises its powers also raises the question of the desired scope of liability for the negligent exercise of these powers. This is what this lecture is about.


