A lifeguard who caused damage due to dangerous behavior
Question
Shalom Rabbi,Is it permissible for the authorities [inspectors], and in particular for lifeguards at the beach, to confiscate people’s belongings?An incident occurred with two young men who sailed in a boat far beyond the shoreline of the Kinneret. The lifeguard repeatedly warned them about the danger of being swept away. At first, they were still able to return, but afterward they could no longer get back, and the sea was pulling them away. Then the lifeguard went out on a jet ski, rescued them, and threw their boat away into the sea, where it was lost.It turned out that they had borrowed the boat from Reuven (pseudonym). He claims they are sho’el (borrowers) and are liable even for accidents beyond their control, since at the outset there was negligence. On the other hand, they argue that it was the lifeguard who directly caused the damage, so he should be the one to pay.It is clear that they acted irresponsibly, endangering their lives, but practically speaking, in the laws of damages, with whom does the liability lie?And regarding the question of whether the lifeguard is permitted to directly damage property, can we say it is allowed for several reasons: a. Because they entered a supervised beach under that condition, b. So that it will cause a deterrent, c. He came to their recue and provided them with a jet ski rescue, d. Logically, they would have preferred being saved while losing the boat, rather than the alternative.Thank you very much.
Answer
Shalom uVracha,
The response of the Dayanim of the Beis Hora’ah:
The Bachurim are definitely responsible.
As for the lifeguard — logically he’s exempt, and in any case, he’s not going to listen to us, so there’s no point in discussing whether he’s liable.
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