Should I sue?

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  • #1097816
    👑RebYidd23
    Participant

    More kids are maimed and killed every year, by a wide margin, by falling down staircases or by having big screen TVs fall on them.

    More kids live in houses with stairs and TVs than guns. If the gun is within the kid’s reach, there is a real danger regardless of the statistics.

    #1097817

    Welcome to the CR. Please be aware of the time-stamps on posts

    and understand that many of those who were here 4 years ago

    aren’t here any more.

    #1097819

    Truth be told I don’t let my children play in a house that has a flat screen TV either.

    #1097820
    ☕ DaasYochid ☕
    Participant

    More kids live in houses with stairs and TVs than guns.

    That is an excellent point. More people die every year in car accidents than jumping off of the Empire State Building, but it’s still safer to drive than to jump off of the Empire State Building.

    #1097821
    Avi K
    Participant

    According to Rav Ari Marburger (http://www.jlaw.com/Articles/Arkaos%20V1.3.pdf) Maishiv Bhalachah 42 permits suing an insurance company.However, Rav Yitzchok Zilbershtein in Yeshurun 11 requires requires a Heter Arkaos.I was one a passenger in a car that was in an accident and I was allowed to file a claim through an attorney. The driver actually told me to do so so apparently one claim will not affect the premium (this was in Israel so it may be different than in other countries and rate policies might differ from company to company).

    As for winning in a din Tora where a child caused the damage (@Health) a bet din can order the parent to pay as a peshara, or even din if the parent was negligent in supervising the child (Rabbi Moshe Sternbuch, Teshuvot VeHanhagot 3,477) or gave the child the instrument of damage (Baba Kama 9b and Shulchan Aruch Choshen Mishpat 396,6).

    #1097822
    pcoz
    Member

    Lichorah this is a gemara in Hachovel, hahu tura…, there was an ox that chewed a kids hand, …the father did not sue the ox owner but then had to promise to reimburse the child themselves.

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