Question:

An individual feel and broke his hand in a kosher supermarket whilst shopping due to wet floor. There was no sign to warn customers about the wet floor. Is the customer permitted to seek damages (potential medical expenses- although his treatment would be covered by his private insurance/public insurance, time off work) from the kosher supermarket owner ( who is a jew) by making a claim against him via the normal channels or does he have to make a claim in local beis din? One would presume that the shop owner has liability insurance which would cover him for such claims. would there be any halachic preference for them to settle this without any claims being made either via the normal route or beis din.

Answer:

Of course it is much nicer and cheaper to talk to people and settle w/o taking legal action. If you can’t settle, then you have to first go to beis din, not court. You seem to write that you will have no expenses because you have coverage-if so you should know that many poskim maintain that you have no claim.

If you are in London, Dayan Hool of the Federation  learned by us and he has a small claims unit so if need be you can consult him

Gemar chasemo tovo

Yosef Fleischman

Tags: damages secular court

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