Damages and Injuries

It goes without saying that one is forbidden to deliberately damage other people's property. However, what is not as well known is that one is often responsible for any accidental damages that one causes, as well. This is true even if the circumstances were beyond one's control.[1] The only exception to this rule is a complete force majeure ("act of God") in which the damage or injury could simply not have been expected. For example, the owner of a ladder from which someone falls and is injured is exempt from any liability if he had made certain that the ladder was sturdy enough to hold a person's weight. ^[2] Whenever one is required to make financial restitution to another person for damages one has caused it must be done in a prompt and timely manner.

One is generally exempt from liability when causing injury to a person who implied a willingness to expose himself to the risk. For example, while one who breaks the eyeglasses of another person in the course of a fight is certainly obligated to pay for them, one who does so in the course of a game or sport is exempt. This is because willingly participating in such activities implies acceptance of the fact that damage or injury is possible. This acceptance releases others from any accountability or having to make compensation for anything regretful that might occur.

Among the precedents in Talmudic literature for this halacha is the case of revelers who injure one another in the course of celebrations in honor of a bride and groom.[3] The Rema rules that in such a situation no one can be forced to pay for any injuries or damages that occur as all those who participated in the merrymaking, including the spectators, did so knowing full well that such repercussions were possible.

This ruling is especially relevant to boxing, wrestling, and other contact sports in which people regularly injure one another. In these situations the injured parties are unable to collect any compensation payments because, as mentioned, all parties are aware of the risks involved yet choose to engage in the activity anyway. As such, participants in these activities automatically waive the right to make any future claims.[4]

These principles are extended to include other similar circumstances where it is reasonable to assume that damage might occur. Consider, for example, a situation where two people are engaged in a heated fight. In a moment of rage, one of the parties decides to throw a bucket of water upon the other. Then, in retaliation, the now wet individual does the exact same thing. However, in the course of this retaliation some of the water falls upon the first individual's cell phone and ruins it. In such a situation, the one who threw the water in retaliation may actually be exempt from having to pay for the damaged cell phone. This is because the person who threw the water first should have taken into consideration that his victim would likely respond in a similarly forceful manner.[5]

Of course, in the event that damage or injury occurs in the course of sports, games or other recreational activities due to a participant having blatantly violated the accepted rules of the activity, that person will be obligated to pay for all damages that occur. This is because although one who engages in dangerous activities accepts upon himself normative risks, one does not accept or forgive damages which are caused due to a deliberate deviation from the accepted norms.[6]

[1] Bava Kama 26a; CM 378:1.

[2] CM 378:3.

[3] Rema, CM 378:9.

[4] Tur, CM 421; CM 421:5, Sma, CM 421:10.

[5] See Sheilat Shlomo 2:390-391 and Devar Chevron 1:98, 109.

[6] See Dvar Chevron 101.