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Responsibility of Pedestrians

Liability for Damages, Lesson 2

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Responsibility of Pedestrians : Liability for Damages, Lesson 2

In this Talmud class, we explore a pedestrian’s legal responsibility for damages caused in public areas.
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Topics: Torts; Damages, Talmud
By Binyomin Bitton
Rabbi Binyomin Bitton, originally from Lyon, France, is the founder and spiritual leader of Chabad of Downtown Vancouver, he's co-Dean of the Jewish Academy, and the director of the Tzfunot Institute. A renowned Talmudic scholar, Rabbi Bitton's warmth, knowledge and passion for learning has brought him to teach in communities around the world. He now lives in Vancouver together with his wife Malky and six children.
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Anonymous Italy September 12, 2017

I think in this case the cause of braking the object, first of all, is the negligence of the owner! Because of the principle that everyone is responsible for their actions' consequences David is responsible for his negligence about the possessed object, putting it on not appropriate place. But another person is not responsible because he assumes that every owner is paying attention and taking care about his objects. But what if walking person accidentally brakes the objects and damages the owner? Is he liable for owner's damage? Reply

rut USA August 19, 2013

Responsibility of Pedestrians/Damages lesson 2 As I watched this video again, another thought came to my mind: If the owner of a business places a article in the public domain, where pedestrians would be passing by, without any warning whatsoever, then the owner is provoking a situation where a pedestrian could stumble with it. Then the owner should be responsible for the injure, the stumbling of the pedestrian. An object placed in a public domain, should be in a "safe" place, or with someone/something to alert the pedestrian of the object. Which is very hard to do because most "pedestrians" would be walking non-suspicious of anything in the way. Very interesting study. I simple love it. Great teaching Rabbi Bitton. Reply

Anonymous baltimore August 18, 2013

mutual responsibility ? Is a part of the reasoning, that a pitcher in the public way is something not usual and so moshe could not be expected to anticipate the obstacle in the road, so in almost all cases david's responsibility is to place it out of traffic flow (which leads to the case of the corner). even then when, david tried to be careful and put it out of the way, moshe is still not responsible even though he should watch where he is going. even in the dark, even with a lamp that moshe should have. the primary responsibility is the owner's, but what if it is something a person might expect in a public place? If an entire road is blocked the driver or walker is expected to slow down and not knock over the barricade (and then would be liable for damages to the barricade/pitchers) ? Reply

rut USA August 16, 2013

Responsibility of Pedestrians/Damages lesson 2 If it is dark, and the pitchers are on the way. The person walking is not liable? If it is dark shouldn't the person carry a lantern since it is the sensible thing to do so that way he would be able to see where he is going? I made a mistake while driving. I moved to the right side without realizing that there was a car in my blind spot. The other driver who I intersected, blew the horn at me, luckily I did not hit him. But it would have been my responsibility if had hit him, and caused an accident. This somewhat similar if walking in the dark one should carry a lantern to be able to see where we are going. Stumbling is kind of unintentionally. But the law says that we need to watch for the blind spot when we are driving. Wonderful Rabbi Bitton, I love the Mishnah, and the Talmud. Reply

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