Questions tagged [torts-damages]

The tag has no usage guidance.

Filter by
Sorted by
Tagged with
8
votes
3answers
352 views

Self-defense (in a case of one's capital, not a capital case)

There is a well known rule that if A is threatening B's life, B may kill A, if necessary, to prevent that. Is there any such rule in non-capital cases? Specifically: If A is threatening B with ...
6
votes
1answer
228 views

Causing injury while playing a sport

Suppose one Jew accidentally injurs another Jew while playing a contact sport such as football. Is the injured party entitled damages as compensation for the injury, or does the participation in an ...
11
votes
2answers
996 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 ...
12
votes
1answer
357 views

Are you culpable for things done under hypnosis?

The other question regarding the halachos of hypnosis only discusses doing it/having it done to you. I would like to know if someone who is already hypnotized (either intentionally or not) is culpable ...
5
votes
1answer
500 views

May a Jew be a professional boxer?

Are there any halachic problems with a Jew being a professional boxer?
1
vote
2answers
133 views

Scratch on a car: liability if panel was later paid by another

If someone scratches my car door and then later a second person knocks it off completely and the second person has to compensate, is the first person who scratched the door still responsible to pay me?...
11
votes
3answers
574 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 ...
8
votes
1answer
439 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 ...
5
votes
1answer
243 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 ...
3
votes
2answers
207 views

Non responsibility for Damages on Purim

Why is one not required to pay if one causes damage on Purim? Does it apply in all situations?
2
votes
1answer
167 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 ...
5
votes
2answers
215 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)....
11
votes
2answers
380 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 says ...
15
votes
3answers
807 views

Are parents responsible if their children damage in a store?

If a parent brings a child (defined as under 13 for a boy and under 12 for a girl) into a store, and that child damages an item, is the parent responsible to pay? Would it matter if the child simply ...
10
votes
1answer
182 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 ...
9
votes
1answer
381 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 ...
9
votes
1answer
258 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....
9
votes
1answer
105 views

Could a Kohen become liable for disqualifying a sacrifice?

I've been studying Masechet Zevachim, and it seems very easy for a sacrifice to become invalid. Even if it doesn't become invalid, it seems that even the slightest wrong intention can force the person ...
8
votes
1answer
222 views

Product liability in halacha

What does Judaism say about product liability? That is, if I sell someone a product and — because it was manufactured poorly or not as advertised — the purchaser sustains damage, to what ...
7
votes
1answer
229 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 ...
7
votes
2answers
394 views

Stealing from or causing damage to a third party to save life or limb

Suppose Fred is in danger of death or injury, and the most direct way to avoid that fate involves stealing or damaging property belonging to Ernie, an uninvolved person. Examples: Fred is being ...
6
votes
1answer
85 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 ...
5
votes
0answers
78 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
276 views

Car falls into my ditch- I'm not responsible?

Halacha dictates that if someone were to dig a huge hole in the middle of the street and a car fell into it, he would not be responsible to pay for the damage to the car. The language of the Talmud ...
4
votes
0answers
85 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 ...
3
votes
0answers
50 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
votes
1answer
77 views

What damages does a hurting husband pay to his wife?

If a husband willingly hurts his wife (physically or sexually), which of the 5 parts of damages is he obligated to pay? What does he pay immediately and what is held as a debt until divorced?
2
votes
2answers
320 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 ...
2
votes
1answer
267 views

The application of "harm" in Shemot (Exodus) 21:22

Shemot (Exodus) 21:22: And if men strive together, and hurt a woman with child, so that her fruit depart, and yet no harm follow, he shall be surely fined, according as the woman's husband shall ...
1
vote
1answer
271 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 ...