I borrow your car and drive it. The brakes on your car fail and I smash the car into someone's gate. Prior to lending the car, the car manufacturer posted a possible defect on their web site that said that certain cars brakes might malfunction. (If relevant, let's say the manufacturer said that just 3% of cars encountered this problem.) You didn't check the site or know about this defect, and you never had a problem.
Who's responsible to pay damages to the gate?
- Me - If I recall correctly, a Sho'el (borrower) may be responsible for any damages that he causes to someone else's property even accidentally.
- You - As car owner, aren't you responsible for checking up on possible manufacturer defects?
- The car manufacturer
Note: - Please try to generalize your answer regarding any similar machine or item. The main parameter in this scenario are that the manufacturer had a defect and they publicized it (questionable if a web post is "sufficient"), and that the owner did not know about the defect so assumed that there was none at the time that he lent the item.
Perhaps, in this scenario, more than one party may be responsible for various reasons. E.g., the manufacturer might ultimately be responsible for compensating the car owner for their negligence in insufficiently posting the problem. In this question, I am only interested in who must pay damages to the gate owner.