Slipped down stairs at yeshiva - and received 440 thousand shekels
The insurance company will pay most of the amount awarded in respect of a long list of damages caused to the boy, aged 14, from Ashdod
- Eli Schlesinger
- י"ח חשון התשע"ה
פלאש 90
A 14-year-old yeshiva student from Ashdod will receive compensation in the amount of NIS 440 thousand after he was badly wounded in the leg as he slid down the stairs in the Ashdod yeshiva where he studied. The compensation is determined as compromise following a lawsuit filed by the boy by attorney Oren Amsallem, against the yeshiva and the Ministry of Education.
According to the lawsuit, it stems that in December 2009, when the boy fell down the stairs at the end of the school day, he lost his balance and slipped due to the stickiness and dirt on the floor. Because of the lack of a handrail on the sides of the stairs, the boy fell and rolled down the stairs and stopped at the end of the staircase. As a result of the fall he broke his left leg and badly injured his knee. A prosecution expert determined permanent disability rate of 31 percent.
Attorney Amsallem sued the owners of the yeshiva and the Education Ministry to compensate the boy for loss of earnings, loss of social benefits and pensions, medical expenses, third party assistance, expenses of tutoring, pain and suffering. Although it is a yeshiva student who even today, five years after the accident, is still studying in a yeshiva, the main claim was compensation for loss of earnings and loss of pension rights. Mr. Amsallem says that despite the plaintiff's membership in the Haredi sector, there is no room to discriminate against him, while he is not serving in the army or did not leave the work force when reaching the age of 18. He said that according to the Supreme Court ruling, the fact he was a minor at the time of the injury does not allow to rely on membership in any population segment and assess his future earning potential based on the average wage in the economy today.
In other words, the compensation should be calculated according to minor earning potential (as opposed to actual earnings of an adult) and one should not discriminate against him in the calculation of the compensation for the future in light of accidental disability even if he belongs to the Haredi sector.
The suit claims that the accident happened, inter alia, since owners of the yeshiva did not make sure about having to install a handrail on the sides of the steps that could prevent or reduce the intensity of the fall. After the accident, a handrail was installed (see before and after photos). It was also argued that they did not ensure a safe study environment, did not supervise cleaning the stairs and corridors in breach of the Control Law of schools, planning and building regulations and safety law in public places.
As part of the settlement agreement which came into legal force, the insurance company which insures the yeshiva will bear most of the compensation, 413 thousand shekels when the Ministry of Education and safety adviser will bear the balance.
According to the lawsuit, it stems that in December 2009, when the boy fell down the stairs at the end of the school day, he lost his balance and slipped due to the stickiness and dirt on the floor. Because of the lack of a handrail on the sides of the stairs, the boy fell and rolled down the stairs and stopped at the end of the staircase. As a result of the fall he broke his left leg and badly injured his knee. A prosecution expert determined permanent disability rate of 31 percent.
Attorney Amsallem sued the owners of the yeshiva and the Education Ministry to compensate the boy for loss of earnings, loss of social benefits and pensions, medical expenses, third party assistance, expenses of tutoring, pain and suffering. Although it is a yeshiva student who even today, five years after the accident, is still studying in a yeshiva, the main claim was compensation for loss of earnings and loss of pension rights. Mr. Amsallem says that despite the plaintiff's membership in the Haredi sector, there is no room to discriminate against him, while he is not serving in the army or did not leave the work force when reaching the age of 18. He said that according to the Supreme Court ruling, the fact he was a minor at the time of the injury does not allow to rely on membership in any population segment and assess his future earning potential based on the average wage in the economy today.
In other words, the compensation should be calculated according to minor earning potential (as opposed to actual earnings of an adult) and one should not discriminate against him in the calculation of the compensation for the future in light of accidental disability even if he belongs to the Haredi sector.
The suit claims that the accident happened, inter alia, since owners of the yeshiva did not make sure about having to install a handrail on the sides of the steps that could prevent or reduce the intensity of the fall. After the accident, a handrail was installed (see before and after photos). It was also argued that they did not ensure a safe study environment, did not supervise cleaning the stairs and corridors in breach of the Control Law of schools, planning and building regulations and safety law in public places.
As part of the settlement agreement which came into legal force, the insurance company which insures the yeshiva will bear most of the compensation, 413 thousand shekels when the Ministry of Education and safety adviser will bear the balance.
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