Accidental Damage in a Shared Room | Inadvertent damages | Ask the Rabbi - SHEILOT.COM

Accidental Damage in a Shared Room

Question

Hello, I am at a summer camp, and many girls are sleeping in one room. I sleep on a bunk bed, and next to the bed there are closets with a top shelf where the girls place their belongings. I put my phone there so it can serve as an alarm clock. One girl placed her electric toothbrush there, right on the edge. When I got up because of the alarm clock and took my phone, the toothbrush fell to the floor. Am I obligated to buy her a new electric toothbrush?

Answer

Hello and blessings 

The ruling of the dayanim of the Beit Hora’ah:

If this was a natural action done without paying attention while still half-asleep, there is no obligation to pay. 

However, if she should have looked carefully, and this is a place designated for the toothbrush, she must pay. 

The ruling is not binding, since both sides were not heard

Source

 See Choshen Mishpat, siman 378. 

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