A battery was discovered inside the nose of a 3-year-old boy who, according to his parents, was injured in kindergarten. The parents sued the kindergarten, but since they took him to the clinic only three days later, their claim was rejected.
According to the lawsuit filed by the parents, the kindergarten is required to compensate the child for bodily injury caused to him while he was there. According to them, the boy fell and was bruised in the face. As a result of the bruise, his nose was bleeding, and the next day his temperature began to rise and he became confused.
Despite this, only three days after the fall, the boy was rushed to the HMO, where a foreign body was diagnosed in his nose - a battery, which caused the cartilage of the nasal septum to be exposed and swelling inside the nostril, as well as swelling of the right cheek under the eye and other damage.
Kindergarten (Archive), Photo: Oren Ben Hakon
The boy's parents stated that they had no knowledge of the circumstances of the incident because their son was 3 years old, and therefore the burden of evidence should be shifted to the defendant, who was responsible for his welfare at the time of the incident.
The parents attached an ENT expert opinion to the lawsuit, in which it was determined that as a result of the bruise to his face and the battery found in his nose, he suffered temporary disabilities of 5% due to breathing disorders and 10% due to aesthetic impairment.
Jerusalem Magistrate's Court (Archive), photo: Yoav Ari Dudkevich
In the statement of defense, the kindergarten denied all the claims, including the actual occurrence of the incident, as described, as well as its liability for damages. It was also claimed that the child did not fall in the kindergarten, and even if it did, there is no explanation for the penetration of a battery into his nose, since there is no battery of this type in the kindergarten.
Jerusalem Magistrate Court Judge Elad Lang dismissed the lawsuit, noting that it had not been proven that the battery entered his nose while he was in the kindergarten. He added that the teacher and aide's version that they asked to be picked up the child who was crying was credible in his eyes.
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