Questions tagged [torts-damages]

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22 questions with no upvoted or accepted answers
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8
votes
0answers
90 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 ...
6
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0answers
146 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 ...
6
votes
1answer
81 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 ...
6
votes
1answer
89 views

Was the fact that Moshe broke the Tablets Halachicly stealing from the Jewish people?

Famously when Moshe came down from Sinai the first time and saw the Jews sinning he cast down the tablets of the law given to him by God. My question works on the basic assumption that these tablets ...
5
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0answers
89 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 ...
5
votes
1answer
159 views

Explain dispute about damaged rows on Bava Kamma 6b?

I was learning Bava Kamma 6b and am having trouble understanding the machlokes between R' Yismael and R' Akiva. One problem I'm having is at the part of the sugya with Rav Idi bar Avin, he said that ...
5
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0answers
75 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)? ...
5
votes
1answer
109 views

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?...
4
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0answers
65 views

What is the source to forbid Toldos תולדות?

There are times that Torah gives specific "examples" of what is forbidden (e.g. 39 melachos given via a reference to the actions done in the משכן or through other means; Or The Torah ...
4
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0answers
47 views

Who's responsible if B puts a “hefker” sign on A's item?

Suppose Aaron leaves something in a public place, where people often leave such things without intending to forfeit them.[1] Baruch then puts a sign on the item indicating that it's forfeit and ...
3
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0answers
49 views

What is one's liability for intentionally exposing someone to a dangerous virus?

Consider Reuven, who takes an airborne virus (however he got it) and sticks it in Shimon's air vent. As Shimon is continuously exposed to this virus, he becomes progressively sicker. What is Reuven's ...
2
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0answers
68 views

Fell into a pit and one's artificial organs were damaged — consequences?

That's something I've studied many years ago - laws of damages by a pit. IIRC in one falls into a pit (בור) the owner pays only body damages but not broken tools. What artificial limbs/organs qualify ...
2
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0answers
28 views

Paying damages for rerouting flood to neighbor's property

Are you obligated to pay for damage done to a neighbor's property if you redirect a river from flooding your property which then hits another house down the street. (i.e. You place sandbags in front ...
2
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0answers
88 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 ...
2
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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 ...
2
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0answers
65 views

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 ...
1
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0answers
31 views

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 ...
1
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0answers
79 views

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 ...
1
vote
0answers
85 views

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 ...
1
vote
1answer
55 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 "...
0
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1answer
114 views

When to take legal action versus “turning the other cheek”

It is my understanding that "turning the other cheek" is a uniquely Christian concept that is alien to Judaism. It appears that we are encouraged to take (legal) action against those who do us harm ...
-1
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1answer
168 views

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?