Questions tagged [torts-damages]
The torts-damages tag has no usage guidance.
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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 ...
11
votes
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 ...
5
votes
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 ...
10
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1answer
177 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 ...
7
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1answer
209 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 ...
8
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1answer
433 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 ...
2
votes
1answer
165 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 ...
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 ...
5
votes
1answer
63 views
Source for exemption of hekdesh by nizkei adam
What is the source of the פ×××Ø (exemption) of ×ק×ש by × ××§× ××× (damage to property done by a person)?
Tosfos on Bava Kama 7a (continued from 6b sv ש××Ø ×Ø×¢××; on 7a, beginning of narrow lines) teaches ...
11
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3answers
563 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
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4answers
465 views
The difference between ש××Ø and פ×Ø
In Mishpatim (and perhaps elsewhere), the Tora refers to an animal incurring or causing damage, and calls it a shor, ש××Ø, commonly translated ox.
In Pin'chas (and Achare and perhaps elsewhere), the ...
5
votes
3answers
276 views
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
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?
1
vote
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 ...
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)?
...
9
votes
1answer
252 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
234 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
338 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 ...
5
votes
1answer
480 views
May a Jew be a professional boxer?
Are there any halachic problems with a Jew being a professional boxer?
4
votes
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 ...
2
votes
1answer
250 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 ...
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)....
6
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1answer
222 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 ...
4
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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?
8
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2answers
246 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 ...
12
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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 ...
8
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1answer
126 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 ...
7
votes
1answer
112 views
Boshes damages for a ××××× ×¤× × ×××Ø× ××Ø×××
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 ...
8
votes
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 ...
7
votes
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 ...
8
votes
3answers
345 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 ...
8
votes
1answer
381 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 (×××¢×) in the Mishnah [on 2a] means. The gemara brings a dispute: Rav holds that Maveh means "man" (i.e. ...
15
votes
3answers
789 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 ...
5
votes
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 ...
3
votes
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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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?...
3
votes
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?
