Lesson # 306 (part three) • TORTS In the last lesson we continued to describe the torts (civil wrongs) that someone, or his property may commit against another and/or the other’s property. We discussed the importance of the place where the tort occurred. We discussed the torts that were committed on the property of Shimon, the victim of the tort. We begin this lesson by examining torts that are committed on the property of Reuven, the person committing the tort. Reuven, without knowing that Shimon is on Reuven’s domain, inadvertently or accidentally injures Shimon. Reuven is free of liability. If, however, Reuven knows that Shimon is on his domain and he injures him even accidentally or inadvertently, Reuven is liable. If Reuven intentionally injures Shimon, even on Reuven's domain, Reuven will be liable for the compensation paid to those who are injured by the acts of others. Assume that Shimon, without Reuven’s permission places his objects in Reuven’s domain and Reuven intentionally injures Shimon and/or damages Shimon’s objects. Reuven is liable for the injury and/or for the damages caused. Shimon can successfully plead that Reuven should have removed his object or evicted him but did not have the right to injure him and or damage his objects. However, if the objects are damaged inadvertently or by accident, Reuven is not liable. If Reuven is injured by tripping over Shimon’s object, Shimon is liable. There may be domains where both Reuven and Shimon have the right to be or neither has the right to be on the domain. In these two situations, if Reuven intentionally injures Shimon, Reuven is fully liable for all the injuries. If Reuven and Shimon are damaged each by the other, or if their objects are damaged each by the other, when each was not aware of the location of the other, then neither is liable. When one is aware of the other’s presence the former is liable to the other even though there was no intent too cause injury or damage. Therefore if Reuven and Shimon are both running or walking in the public street and they bump into one another, causing damage to one another’s property, if they did not see one another walking or running, each is free of liability to the other. If they saw each other then they are both liable for the damages or injuries caused. When both are walking or running in the street, Reuven accidentally bumps into Shimon, and Reuven is injured thereby, Shimon is not liable to Reuven. If Reuven injures Shimon by bumping into him, Reuven is liable for injuring Shimon. If Reuven injures Shimon by bumping into him, Reuven is liable. Reuven is running in the street and Shimon walking. Reuven bumps into Shimon and injures him. Reuven is liable for injuring Shimon. (This situation is the equivalent of Reuven injuring Shimon in Shimon’s domain.) If Reuven is also injured in the collision, Shimon is free of liability unless he intentionally injured Reuven. There is an exception to this rule; if Reuven is running in the street when it is close to dusk on Friday evening, Reuven is exempt from liability because people are running at that time to complete their Shabbat preparations. If it can be proved that Reuven’s running was unrelated to his Shabbat preparations, then Reuven is liable for injuring Shimon. This exception applies to a very limited number of situations, such as going to rescue a kidnapped person, extinguish a fire, save someone from drowning, or other life threatening situations. It would not apply to someone who is running to perform a mitzva where there is no life in danger. Some of the following is included here to show the reader some of the topics that were traditionally include in these discussions. Just as a person may not run in the street, so he may not ride his horse in the street faster than the pedestrian traffic will tolerate. This includes a horse that is pulling a wagon. If the horse is speeding faster than is reasonable under the circumstances and a person is injured or objects damaged, then the horse rider must compensate for the damages and/or injuries. In an oft-cited 13th century case, there were two people, Reuven and Shimon riding on their horses in the street. Reuven hit Shimon’s horse causing damage to the horse. Reuven had to pay Shimon the diminished value of Shimon’s horse. In another reported case Reuven was riding on his horse-drawn wagon in a one way street at a pace that was proper for the pedestrian traffic. Shimon was walking in the street against the direction of the traffic. The wagon struck and injured Shimon. It was held that Shimon was walking against traffic and the speed of the wagon was reasonable, Reuven would be free of payment to Shimon. This was subject to Reuven producing witnesses or taking an oath that the speed of the wagon was reasonable. The application to automobiles is obvious. Reuven is riding his horse in the street and his horse knocks over a vessel belonging to Shimon that had been placed in the street. If Reuven will produce witnesses or take an oath that Shimon’s vessel was placed in a spot in the street that was open to pedestrian traffic, then Reuven will be free of liability for breaking Shimon's vessel. However, if Reuven’s horse while walking causes damages to Shimon’s unattended animal, Reuven will have to compensate Shimon for damages caused. If Shimon’s animal was on a street where only pedestrians are permitted and Reuven unintentionally damaged the horse, then Reuven is free of liability. If, however, Reuven intentionally caused the damage to Shimon’s horse then he is liable. Here too, the application to automobiles is obvious. In places where it is customary to hold celebrations (such as weddings) in the street, in the course of which people ride their cars in the street at a fast pace, the riders are not ordinarily liable, for damages or injuries caused. The subject matter of this lesson is more fully discussed in volume X chapter 378 of A Restatement of Rabbinic Civil Law by E. Quint. Copies of all volumes can be purchased via email: orders@gefenpublishing.com and via website: www.israelbooks.com and at local Judaica bookstores. Questions to quint@inter.net.il [The Parshat Lech
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