Purim celebrations/Reuven Castro
The holiday of Purim is coming and with it the need to protect the children from the well-known dangers that we all know, but do not always manage to prevent.
So who do you sue if you were injured by explosives, pop guns, dangerous toys and sprays or flammable costumes?
Who compensates for accidents during Purim parties in kindergarten, school or the local authority?
Here is a short guide on the dangers inherent in the holiday that is already coming.
With such a high density, the chances of casualties increase.
Hadlaide in Jerusalem last year, the people photographed have no connection to the official article/website, Assaf Shaked
What should be checked and what is important to verify before purchasing a dangerous costume or toy?
A happy holiday should not end in disaster, the best way to ensure that the costume or toy you are buying is safe, is to demand from the store or the selling body that they present proof that the product meets the relevant standards and/or carries proper and safety certificates as required.
It is important to note that normally, compliance with standards, approvals of integrity and safety are stamped on the product label or its packaging.
Unfortunately, in an age of imports from many different sources, many costumes do not meet standards, are not fire resistant, can cause suffocation, are made of materials toxic to the skin and body, and more.
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Who is responsible in the event of an accident as a result of a dangerous costume or toy catching fire?
In principle, most of the potential defendants will be the manufacturer, the importer or the marketer, all together or separately and depending on the circumstances.
Israeli law allows you to sue for a number of different reasons, including the law for defective products which imposes a very heavy responsibility on the manufacturer, importer and marketer.
On the other hand, the law limits the height of the compensation ceiling at which they can be charged.
Therefore, claims will usually be filed under several grounds.
That is, according to the grounds of the law for defective products, and additionally according to grounds according to the tort ordinance or other legislation relevant to the matter.
What happens regarding costumes purchased abroad that do not meet the standard?
Many Israelis order costumes from abroad for themselves and their children. Under these circumstances, the parent actually becomes an "importer" according to the law. Therefore, whenever damage occurs as a result of the malfunctioning of a product purchased abroad, there is a possibility of filing a claim against the manufacturer or the foreign importer.
This is an unusual and very complex procedure, especially when that party does not have an official representation in Israel.
This type of procedure may bring with it a series of problems that will make it difficult to pay off the damage.
In the end, the existence of an official and professional importer located in Israel may significantly reduce the existing damage and risk.
If, God forbid, any damage is caused, the chances of receiving compensation will be higher.
Adv
Who is responsible when the child is injured by a dangerous toy in kindergarten or school?
During the hours spent at school or kindergarten, the education authorities are responsible for the safety and security of the child in their care.
Accordingly, the educational authorities are responsible for maintaining procedures and preventing accidents by taking precautions and supervision, and enforcing them on the educational staff.
In the event of an accident, the parents will have to prove the negligence of the educational institution, and the causal link between the conduct and the damage caused.
Therefore, there will not be an immediate cause of action in any case.
You were injured during Eid al-Aida or a street party, who is responsible?
Events that take place in the urban and public space are usually the responsibility of the local authorities and event organizers.
Because of this, depending on the circumstances of the case, they can be held responsible, after a careful examination of the circumstances for the occurrence.
In cases where it can be proven that the local authority did not act as required and as expected of a public body, such as failure to observe safety procedures, failure to place warning measures and signage, lack of appropriate procedures, etc., it will certainly be possible to examine the possibility of filing a lawsuit.
Are there other sources from which compensation can be obtained in the event of an accident?
In the case of children, the answer is definitely positive.
Regardless of the party responsible, from whom compensation can be obtained through the filing of a tort claim, every student in the State of Israel is insured through the educational institution with a student insurance policy.
This policy is valid for any accident (with the exception of exceptions such as a car accident, etc.), at any time and in any place.
This policy is defined by a fixed maximum amount derived from the scope of the injury (which is assessed using disability percentages), days of absence and hospitalization, medical expenses, and the like.
Advocate Omer Haralf -/Omari Shafran
Is it worth taking out personal accident insurance?
As a general rule, there is no need to purchase personal accident insurance for a minor student, who is already insured as stated in a student policy insurance that covers him for damage caused by an accident.
However, it is worth checking the amounts, conditions and coverages in order to avoid uncertainty.
The authors are experts in tort and medical malpractice, from Amikam Haralp & Co.
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