BROOKLYN, NY (VINnews/Sandy Eller) – Nearly a year to the day after his nine year old son drowned at a waterpark while on a camp trip, a Brooklyn man has filed a lawsuit charging Camp Bnei Belz with negligence.
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As previously reported on VIN News (https://bit.ly/39YIhCx), Hersch Meilich Grossman was pronounced dead shortly after being pulled from a pool at Sahara Sam’s Indoor Outdoor Water Park in West Berlin, New Jersey last July. Grossman was the grandson of Rabbi Osher Eckstein, the Belzer dayan of Borough Park, and had been submerged at the bottom of the five foot deep pool for an unknown amount of time when he was discovered as the children were preparing to go home.
The lawsuit was filed on August 3rd in Brooklyn Supreme Court and alleged that Camp Bnei Belz failed to provide adequate training, staffing and supervision for the trip. It also charged that Grossman “suffered severe conscious pain and suffering and fear of impending death.”
Attorney Alan Shapey, who is representing the child’s father, Moses Grossman, told the New York Post (https://bit.ly/3i1guEy) that there were 300 children from Camp Bnei Belz on the trip. According to Shapey, while the camp brought numerous counselors on the trip, it was unclear what they were doing when they should have been supervising the pool. Shapey also noted that Sahara Sam’s had only one lifeguard stationed at the pool where Grossman drowned and that legal action against its owner, Apex Parks Group, would be forthcoming as soon as the company resolves a bankruptcy issue.
Covering an area of 68,000 square feet, Sahara Sam’s has surfing simulators, indoor and outdoor pools, water rides and slides. Several hundred children from multiple Brooklyn camps had been enjoying a joint trip to the waterpark just prior to the onset of the Nine Days when the drowning occurred. No criminal charges were ever filed in the incident which was ruled accidental by local authorities.
“It’s a terrible tragedy for the family,” said Shapey, adding, “How do you get over the loss of your son?”
There is a law in the Torah that disputes among Jews should be resolved in a beis din acc. to Torah law. Going to a secular court is a Chillul Hashem.
For some reason, that seems to be ignored here.
No halachic issue here, if they dont sue then they cannot collect the maximum insurance etc…. this isnt a dispute its a formality so that money can be collected from insurance.
Not one for salting an open wound but, why is it always that if a child gets sick and dies we say “Burech Dyan Emes” and if a child dies in an accident, we find others to fault? Like it wasn’t his time? I smell money.
The rea$on is $imple.
I’m sure there is more to this story
That is Choshen Mishpat – Siman 26. Guess people use Bais Din for Tzidkis and not for real matters. What a Chill HaShem. My heart goes out to the family for their loss.
There are instances that Beis din allows people to go to ערכאות. But in this instance it seems peculiar. What type of taynah do they have in דיני תורה?
Dan Lkaf Zechut…maybe they did and got nowhere. I’ll leave it at that.
First of all, Chassidim and Hareidim, or other religious Jews, have the right to sue an individual, whether they are yiddin or goyim, in a secular court of law. Beth Dins have no enforcement power. Secondly, the disgraceful remarks about the family who are suing are a shanda. Secular Jews and gentiles sue all of the time in similar situations. Every year in the USA, whether at Boy Scout camp, a gentile overnight or day camp, or a Jewish overnight secular or day camp, children unfortunately die in accidents (i.e. lighting striking a tree, causing it to topple onto children, drownings, falls). The parents or the surviving next of kin have the right to sue. Even the best swimmers in the world have drowned in mishaps. In a swimming pool, a child can drown very quickly. Therefore, I was very surprised when Ms. Judith seemed to be implying that it was somehow the fault of the Chassidim, that this tragic drowning occurred. She probably doesn’t know the specific details of this drowning accident, but yet she was offering a diatribe about the general life style of these religious families. At this time, people should show some compassion, and not criticism!
Some of these comments don’t even begin to make any sense. I’m not a posek, But there seems to be some logical differences between two people who have a monetary argument and someone who is suing someone’s insurance company.
There may be some issues with suing someone through insurance. Obviously each case has to be analyzed individually. I have a friend who slipped on the ice in front of a shul. He broke his leg was out of work and it cost him a small fortune to get his children to the baby sitter, since he used to do it himself. Harav Dovid Fienstien said he can only sue if the shul let’s. They didn’t. I had a co worker whose child fell on the yeshiva bus his mouth / teeth were badly damaged the posek of the mosed ruled they can’t sue. Someone slipped in front of my neighbor’s property but he landed on a second neighbor’s property. Security camara showed he slipped and fell on the same property. However by the time the security footage became available the first owner was dropped by his insurance company. He lost the deduction of an umbrella plan and the new insurance company was a lot more money. Ask a competent rov before you sue for insurance.
Ruchi Freier says what?
HE should be a Meilitz yoisher for us allc
Ironically it’s the father’s responsibility to teach his son to swim
Hopefully they had a heter to move on
But if yes I can start suing people for other damages
the pool must have many staffers and counselors watching and monitoring the entire pool from the top to the bottom of the pool . The water should be crystal clear and the staff very well trained to watch every kid . .. When there’s hundreds of kids swimming then there must be many more staffers to watch the entire pool constantly .
Why Write Hasidic family though?
Imagine starting the article with “black family sues”….
He is the grandson of the belzer DAYAN. I am confident that this was discussed with the Dayan, the Rebbe and other poskim. And lehavdil attorneys for the mosdos. Shame on the complainers and kvetchers.
This is insane. A child is dead, and some are arguing about using a Beth Din over a the civil courts.
I do not know if a Beth Din can send a Jew to prison or not. Could some please clarify this for me.
If the Beth Din cannot send a Jew to prison, there would be no real justice here. We are not talking about someone stealing something from a person or store. This was a human life.
I dont know about right to sue, my husband would not allow. But not realizing he is missing until hours later was very very wrong, all camps make partners – groups of 2 – Maybe they didn’t. Those wave pools are mighty strong if you are not experienced with beaches
Disgusting each and every single one of you that speak about the family this way after all they endured!!!!
HaShem sees the way you have zero compassion on another human being that experienced such a terrible unthinkable loss!!!!!
If there is insurance then Bais Din tells you to go to the courts.
we must raise the compassion . this case is delicate .
I get sick every time I see a yid sue another yid in court, FYI, I work for a carrier and the money that is paid effects the ability to get normal insurance for many years to come.
Shame on the greedy lawyers
Don’t assume anything we all do not know do let’s not get involved