Lifeguard Who Caused Damage Due to Dangerous Behavior
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Question
Hello Rabbi, Is it permissible for authorities [inspectors] and particularly lifeguards at sea to confiscate people's belongings? There was an incident with two young men who sailed a boat far from the shoreline on the Kinneret, and the lifeguard repeatedly warned them about the danger of drifting. Initially, they could return, but later they couldn't, and the sea carried them away. Then the lifeguard went on a jet ski and rescued them, throwing their boat into the sea where it was lost. It turned out they borrowed the boat from Reuven [a fictitious name], who claims they are 'borrowers' and liable even in cases of force majeure, and here it was clear they initially acted negligently. On the other hand, they claim the lifeguard caused damage with his own hands and should be sued. It is clear they are irresponsible regarding life and body, but in terms of damages, who is liable? And regarding the question of whether a lifeguard is allowed to cause damage with his own hands, can it be said that it is permissible for several reasons: a. they entered the designated beach area with that understanding; b. so that others will hear and fear; c. he used a jet ski; d. they would likely prefer to be rescued even if the boat was lost rather than otherwise. Thank you very much.
Answer
Hello and blessings
Response of the Dayanim of the Beit Hora'ah.
The young men are certainly liable.
The lifeguard, in principle, is exempt, and in any case, he will not listen to us, so there is no point in discussing his liability.
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