Questions tagged [torts-damages]

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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
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 ...
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2answers
89 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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1answer
174 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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3answers
565 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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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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2answers
134 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?
8
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1answer
221 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 ...
3
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1answer
103 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 ...
5
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1answer
274 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 ...
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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?...
5
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1answer
51 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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2answers
375 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 ...
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83 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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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 ...
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1answer
212 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
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1answer
337 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 ...
4
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1answer
196 views

A tree which falls and damages

If one has a tree in their property/yard, (or similarly a tree within a jointly owned courtyard) and it falls into a public area [due to heavy winds] and damages... Is the owner of the tree liable in ...
5
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1answer
63 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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4answers
476 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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2answers
204 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?
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1answer
265 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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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?
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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)? ...
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1answer
253 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....
5
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1answer
236 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 ...
9
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1answer
344 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
349 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 ...
4
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1answer
172 views

Who is responsible for damage to something that was used at the owner's request?

Suppose you ask someone to use something that belongs to you, so that you can benefit from their use of it. For example, you (voluntarily) give a camera to someone you know to take a picture (of you)....
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1answer
484 views

May a Jew be a professional boxer?

Are there any halachic problems with a Jew being a professional boxer?
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1answer
223 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 ...
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2answers
114 views

Nezikin for Annoyances?

Is there any concept of Nezikin for simple annoyances like in secular nuisance law? What if said annoyances cause difficulty sleeping, studying, or working?
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2answers
247 views

Do you have to pay if you damage someone in order to stop them from sinning?

There is a story in Brachos where R' Ada bar Ahava ripped a Karbalta (a red non-tznius garment) off a woman, and then discovered that she was not Jewish. He then was fined for that act 400 zuz. He ...
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1answer
112 views

Boshes damages for a מלבין פני חברו ברבים

Asked by my kid (albeit less fleshed-out than the way I'm presenting it here): One should rather submit himself to be burned alive than cause another to blanch in shame in public, according to Sota ...
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1answer
128 views

“A life for a life”: execution or reparations

The Torah states (Ex. 21:23) that if two people are fighting and accidentally kill an innocent bystander (such as a woman), "you shall give a life for a life." The Gemara (Sanhedrin 79a-b) records a ...
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2answers
392 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 ...
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1answer
62 views

Do I need to use damage compensation for repairs?

If I get a scratch on a car door and I am compensated, do I have to repair or can I just keep the money and live with the dent or scratch? (This may be a similar question but I am unsure so I made ...
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3answers
791 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 ...
8
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1answer
383 views

What's the practical difference of what Maveh means?

In the gemara in Bava Kama on Daf 3b there is a discussion about what the word Maveh (מבעה) in the Mishnah [on 2a] means. The gemara brings a dispute: Rav holds that Maveh means "man" (i.e. ...

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