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Questions tagged [torts-damages]

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Clarification on the rule “זה נהנה וזה לא חסר”?

The source is in B"K 20. What is meant by "זה נהנה" and what is meant by "זה לא חסר" - is that only direct monetary damage, indirect damage, psychological/spiritual damage, temporal inconvenience etc?...
3
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1answer
49 views

Even though “ayn shliach l'dvar aveirah” does the person who sent him also get a punishment?

The Mishnah in Bava Kamma 59a tells us that if Reuven sent a חרש שוטה וקטן to do a destructive act he'd be "פטור בדיני אדם וחייב בדיני שמים" exempt in a human court, but liable in the court ...
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1answer
48 views

Is there an “implied” liability for damages caused after something was fixed?

You had a leak under your kitchen sink. You called someone to fix the broken pipe. The person fixes it and makes sure that the pipe no longer leaks. You use the sink "normally" (i.e., you didn't "...
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3answers
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How a father is allowed to cause embarrassment to his underage daughter?

In Ketubot 40b the Gemara says that we see that the father gets his daughters (child) embarrassment and degradation payments from the fact that he can marry off his daughter to someone horrible, ...
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3answers
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If אדם מועד לעולם is even by oness gamur , Why is a katan (minor ) not liable for damages.?

The Ramban (Baba Metzia 82b) proves that the rule of Adam muad L'olam bein B'oness bein b'ratzon (sanhedrin 72a), [freely translated: A human is always liable for damages, whether the damage was done ...
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Upon whom lies the obligation to seek out the most reasonably priced repairman for damages done?

If someone damaged someone else's property, and it can be repaired, upon whom lies the obligation to seek out the most reasonably priced repairman, on the person who did the damage, (the מזיק), since ...
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77 views

Who is responsible for damages caused by a malfunctioning borrowed machine?

Example: 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 ...
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2answers
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Rokeach's remez to ayin tachas ayin meaning mamon

The Torah says (Exodus 21:24) עין תחת עין, an eye for an eye, which is understood to mean ממון, monetary compensation. I saw this remez by the Rokeach (here, result #2) and don't understand it: ...
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1answer
31 views

Are a shomer sachar and a nosey sachar synonyms?

In a couple areas of Bava Kamma and Bava Metziah I've seen the term נושא שכר listed with a shomer chinam, a socher, and a sho'el. Is the noseh sakhar a synonym for a shomer sachar, or are these ...
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1answer
67 views

Are you responsible for damage your driverless car causes?

Driverless cars are in the process of becoming a reality and it is a matter of time before they are a mainstream product. These car are pre-programmed to make certain decisions in the case of imminent ...
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2answers
213 views

Can leaving an online product or service review be considered a form of damage?

There is considerable research which shows that an online review of a product or service can effect, positively or negatively, on a business. If I buy a product or use a service and then review them ...
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2answers
938 views

Can a bully be forced to pay for psychologist visits?

When Reuven physically damages Shimon, he must pay for, among other things, the physical pain caused by his actions (tza’ar), the embarrassment caused by his actions (boshes), and reimbursement for ...
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0answers
62 views

Hezek re'iyah and dina d'malchusa

Assuming all the necessary local zoning permits were received, can a Jewish institution or individual build a construction (such as a school playground) with a view of private property (e.g., a ...
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2answers
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Does an עירוב turn the area into a רשות היחיד for נזיקין?

As far as I understand it, an עירוב (for carrying on Shabbat) works because it turns the whole area within it into one big רשות היחיד. Now if this is the case, do the laws of רשות היחיד for נזיקין ...
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0answers
49 views

Can I be held responsible for actively destroying my friend's files?

In a case of sending someone a computer virus, there's room to argue that it's indirect, that they damaged themselves by opening the file (albeit unintentionally), etc. What if I go over to your ...
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80 views

Spam texts to run up a person's bill

Many cell phone plans allot a person a certain number of texts each month and charge for every text over that limit. This is for both texts sent and received. Now, phone calls can be denied, but ...
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3answers
4k views

Is somebody who dozed off behind the wheel liable for damages?

If someone dozed off behind the wheel and caused serious injuries to his passengers, is he liable for the damages? The premise of the question is that perhaps, because he dozed off, the driver is ...
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0answers
27 views

Are professional sports players liable for an opponent's injury? [duplicate]

Shemot 21:18-19 discusses the procedure of payment when one person injures another. Does, say, a professional boxer have to pay his opponent if he injures him during a boxing match? Are the rules ...
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0answers
57 views

Is a person liable for murder many years later?

Shemot 21:18-19 described a situation where someone injures someone else and he doesn't die but is bed-ridden. If he walks on his crutches, the person who hit him does not receive the death penalty. ...
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reckless endangerment

Is it possible to bring someone to beit din on the charge of reckless endangerment? If so - what is the correct terminology to describe this sort of crime? Let's define reckless endangerment ...
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2answers
83 views

Liability for damage caused by a fallen wall or fence

Who is liable for the damage caused if a person's fence or wall falls into public property? According to Bava Qama 3:2, if a person's fence falls into a public thoroughfare and somebody is harmed, the ...
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2answers
135 views

Range of Five Payments

It is known that if a man strikes another man, the damager must pay "Five Payments" - Nezek (damage), Tza'ar (pain), Ripui (doctors' bills), Sheves (unemployment), and Boshes (embarrassment). (This is ...
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2answers
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Why does the torah on injured slaves call out eyes and teeth but not other damages?

In Parshat Mishpatim (Sh'mot 21:24-25) the torah tells us that if a man injuries another person he owes compensation: eye for eye, tooth for tooth, hand for hand, foot for foot, and so on (listing ...
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Flint, Michigan: Who would be HALACHICALLY Liable?

As a hypothetical scenario, we assume that the events of the Flint water crisis are taking place in a location where Beis Din and Jewish law are ascendant. Here's a quick summary of the facts: The ...
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3answers
95 views

Damages and two defendants — how would a beit din resolve?

A friend recently sat on a jury in a civil case where there were two defendants in the case of an injured party, each claiming the other was responsible, and the jury had to decide. I'm curious how a ...
5
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2answers
127 views

Must one inform the owner if you damaged and repaired the property?

If you, say, damage the fence of a house, and you repair the damage, are you obligated to inform the owner of the fence of what occurred? Or must you inform your landlord for damages you caused and ...
5
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1answer
48 views

Is there monetary compensation for injuring a fetus?

If someone kills a fetus inside a woman, they have to pay a monetary payment for it (Shemos 21:22). If someone blinds the eye of their fetal slave, the fetus does not thereby gain its freedom (unlike ...
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1answer
81 views

Very small damage to someone else's property

If someone walks past a parked car with a stroller, the stroller got caught on the plastic casing around the number plate and a small piece broke off, is it wrong to walk off? What would halacha say ...
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0answers
75 views

Can you recommend a rabbi or community leader willing to speak about the harm of loud simcha music? [closed]

I recently published an article in the Five Towns Jewish Times that addresses the damage that loud simcha music does to hearing. I have approached a few rabbis in my neighborhood and asked them to ...
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2answers
96 views

What if the thief gets injured by what he has stolen?

A thief stole something which injured him. Is he liable for his own injury? Let's say it was a stolen gun. Would the man who loaded the gun bear any responsibility for the thief's injury?
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Someone illegally parked in a disabled parking spot. Is he liable if a disabled person injures himself

Sadly, I read in a local paper, about this incident: Someone illegally parked in a disabled spot at a doctors office. A disabled person arrived for his doctor's appointment, and saw that the only ...
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2answers
307 views

Hitting a double-parked car

So a friend of mine showed me a Shulchan Aruch (C.M. 412:1 and 412:2) the other day (which is based on a gemara in Bava Kama). To paraphrase the relevant points of the original text: In 412:1 it ...
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1answer
163 views

Is a doctor halachically required to inform you about side effects related to the meds that he prescribes you?

Information about a prescribed drug's side effects is usually in an insert of the drug's packaging. Much of the information is not easily understood to an average patient. (OK, I'm a bit "above ...
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1answer
113 views

When do other punishments other than death penalty, exempt one from a fine?

I'm not well-versed in the laws of various punishments and how they interact in the g'mara. I've seen places -- most recently Ketubot 45, today's daf -- where it says that somebody is punished with ...
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1answer
165 views

Computer hacking in halacha

This question regarding legal complexity versus simplicity in modern law got me talking about the relatively simple structure of Jewish tort law. It also had me wondering: What sort of categorization ...
6
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1answer
295 views

How are voyeurs treated in Jewish law?

Given that voyeurism by Jewish figures has been in the news, I'm curious. How does Jewish law traditionally treat voyeurism (if it does at all)? What is the punishment for voyeurism? Note: I am not ...
8
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1answer
418 views

Does Judaism adjudicate cases involving mental anguish?

If a non-physical act, such as exposure to viewing something which the current medical field would deem traumatizing, is intentionally perpetrated by one person on another, are there any legal ...
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1answer
104 views

what are the parameters of hachnassat orchim?

I have always believed in having a home open to guests, whether for shabbat, hagim or for their secular needs, involving guests sleeping over. However, recently my guests have inadvertently caused ...
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0answers
108 views

Liability for bed bugs

If one tenant in an apartment brings in bed-bugs (and that can be proven), and they spread throughout the building, and the other tenants have to vacate their apartments to be fumigated, or whatever ...
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1answer
55 views

Source for exemption of hekdesh by nizkei adam

What is the source of the פטור (exemption) of הקדש by נזקי אדם (damage to property done by a person)? Tosfos on Bava Kama 7a (continued from 6b sv שור רעהו; on 7a, beginning of narrow lines) teaches ...
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436 views

A computer file that I emailed you has a virus. Am I responsible?

My rav frequently discusses contemporary halachic questions. He quotes a general rule from the Gemarrah (I assume it's from Baba Kama or one of the "Baba's") that a person who causes damages is always ...
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4answers
356 views

The difference between שור and פר

In Mishpatim (and perhaps elsewhere), the Tora refers to an animal incurring or causing damage, and calls it a shor, שור, commonly translated ox. In Pin'chas (and Achare and perhaps elsewhere), the ...
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3answers
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sefer Yetzirah ox goring,or Golem damages

If an ox made from sefer Yetzirah gored a regular ox, or vice versa, or if a golem hit someone is there any Torah obligation to pay for damages that was inflicted? I used the classic example of ...
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1answer
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Is there any record of spousal abuse in the written or oral tradition?

Is there any example of physical spousal abuse anywhere in tanach or shas?
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1answer
233 views

Circumcision liability

A story was recently publicized about a Mohel who botched up a circumcision by cutting of more than he was supposed to, requiring six hours of surgery, numerous blood transfusions, a two month ...
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70 views

responsibility for passing on a virus (medical)

Would one be obligated to pay any of the five types of damages paid upon wounding someone, if they were to infect that someone with a viral/bacterial disease, whether through: Peshia (negligence)? ...
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1answer
189 views

Do we account for Sentimental Value?

Suppose Reuven steals a rare picture of Shimon's great grandfather from Shimon. Reuven then disposes of the picture and later wants to (or is caught, and therefore needs to) return the money to Shimon....
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1answer
211 views

What damages are owed if you break something that had some damage already, but partial repair isn't possible?

This morning as I was driving to work I contemplated the aggressive tailgater behind me. My car's rear bumper has some paint dings from anonymous parking-lot damage that I never repaired (I deemed it ...
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1answer
214 views

When should one hide her mezuzot?

In light of recent events wherein vandals began burning mezuzot found on the doorways outside of people's houses, I am wondering if there is ever a reason to remove mezuzot to prevent their ...
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1answer
416 views

May a Jew be a professional boxer?

Are there any halachic problems with a Jew being a professional boxer?