Question:

I was at a indoor fun zone with my daughter which is owned by a frum Jew. Mt daughters finger got caught in a door at the entrance to the restrooms and the tip (with entire nail bed) of her pinky finger was clipped off. B’H we were still able to recover the tip of her finger which was still in the door closing crevice. (As an aside I work in a school with children and all doors have a protected covering on the hinge side so children’s fingers cannot get caught there. ) Do I have a halachic right to request of the owner to reimburse my medical costs. The plastic surgeon’s fees were $1850 and my medical insurance has a deductible of $1000 which I have not met.
thank you for the assistance and for the wonderful online resource.

Answer:

If the place has insurance you can force them to pay you what their insurance pays-see Otsar Hamishpot vol 2 page 469.  Also if they don’t have insurance, but it is customary or the law requires them to have insurance even if they don’t, they’ll have to pay the amnt insurance would pay since it is a part of the agreement what they have to provide to their customers

Yosef Fleischman

Tags: courts damages

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