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Injury due to negligence

Question:

HI,

My father in law lives in an adult home with his wife. After attending his daf yomi shiur, Sunday morning – he went to the elevator to go up to his apartment. The elevator doors closed on him and he fell back and was hurt quite badly. He needed surgery and was in the hospital for approximately 2 weeks. He was now transferred to a second hospital for shikum/ therapy so he can walk again. He will probably need to use a walker for the rest of his life. Baruch Hashem he is slowly getting back to himself. The owner of the home said that they forgot to turn off the Shabbos mode on the elevator so that the sensors were not working which if they were – the whole incident would probably not have happened
Questions:
1. Per din – is there any nezek or sheves since he is retired
2. Does Beis din calculate tzaar today – if beis din does not judge that – if he is tofes can he keep it – i.e he needs to pay the monthly rent – can he hold it back against the payment for tzaar
3. In regard to medical bills – as all Israelis I assume most if not all of the medical expenses will be covered by kupat cholim – is the adult home still required to pay – since insurance is an issue between me and my insurance company – or because every Israeli citizen has it – he cannot claim medical expenses covered by the kupa.
4. I know that al pi din – doctors are mechuyav to heal people and cannot be sued. However , today when one goes to a doctor both the doctor and the patient know the doctor has malpractice insurance so if C”V something happens the doctor’s insurance can be sued – what about here – can my father-in-law sue the home’s insurance ( I assume they have insurance) company. If yes and the courts ( since it is clear that the insurance company will not go to beis din) award my father-in-law more than he would receive al pi din – can he keep it. I assume that although the home’s insurance premium will go up – that , maximum will be grama – if so would there be any kind of obstacle to sue – even medinei shamayim

By the way – I really enjoy the weekly shiurim of Rav Fleishman , shlita

Thanks so much

Answer:

Answer by Horav Y. Fleishman shlit”a

You can go after the home’s insurance and you can keep all the money that they’ll give. Since you can’t double collect anyway so all your other sheilos are irrelevant. If you want to see about it look at

אוצר המשפט חלק ב עמ’ תסט ואח”כ המאמר הב ‘

כל טוב

רפואה שלמה לחמיך

יוסף פליישמן

 

 

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