Explosion of Unexploded Ordnance Kills Teenager, Injures Dozens on Israeli School Trip

A tragic incident occurred yesterday in northern Israel when a student was killed and dozens were injured by an unexploded ordnance (UXO) blast during a school trip near the Ramim Ridge. The event raises significant questions about safety protocols for trips in the area and legal issues concerning responsibility and compensation for the victims and their families. The incident is being investigated, with initial military assessments suggesting the ordnance was a Hezbollah cluster bomb.

According to lawyer Assaf Warscha, an expert in insurance and tort law, a blast from enemy ordnance, even if not actively deployed, is considered an act of hostility. Claims for compensation would be filed with the National Insurance Institute, with the Ministry of Defense's approving authority making a decision within three months, extendable for special reasons. If recognized as an act of hostility, victims would receive payments through the National Insurance Institute. A medical committee would determine disability percentages, with compensation varying from a one-time grant for 10-19% disability to a monthly stipend of approximately NIS 5,800 for 100% disability. Staff members injured could also be recognized as work accident victims, but they must choose between this and hostility victim compensation.

Warscha clarified that a minor's alleged action of picking up the ordnance would not disqualify them from recognition, as legal provisions for disqualification apply only to individuals aged 18 and above committing a crime. The claim that a student placed the ordnance in a bag is based on initial security reports and is still under investigation.

The parents of the deceased teenager, Elazar Yair Wilensky, would be recognized as bereaved parents if the incident is deemed an act of hostility, receiving a monthly stipend of approximately NIS 9,200 for a couple or NIS 7,400 for a single parent, along with funeral and commemoration grants. Individuals experiencing trauma from the event can receive free psychological treatment at resilience centers, with potential for disability recognition and compensation if a medical diagnosis links their condition to the incident and it's recognized as an act of hostility.

Legal action against the Ministry of Education and the operating body of the school is also possible, alleging negligence. This could be based on claims that the trip should not have been approved near the border, an area exposed to enemy fire where UXO can remain. The Ministry of Education stated the trip was approved and is investigating whether the group followed the approved route and if the IDF cleared the area. Evidence of a warning sign near the location could strengthen negligence claims, while the approval from the Ministry's situation room might be used as a defense. Another potential claim involves inadequate supervision, with allegations that students were not briefed on handling suspicious objects and that ammunition fragments were collected along the route, with the explosive device reportedly in the group's possession for over an hour.

Compensation for destroyed personal property may come from the Israel Tax Authority's property tax compensation fund, though negligence could reduce or deny claims. Claims for lost items like phones and bags can be filed online, while damaged eyeglasses might be reimbursed by the National Insurance Institute. The article contrasts this incident with the 2018 Nahal Tavor flash flood disaster, where victims had to prove negligence to receive compensation, resulting in a NIS 24 million settlement. In the current case, recognition as an act of hostility could streamline compensation from the National Insurance Institute.