A worker who caused damage – who is liable
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Question
Shalom.
A neighbor is renovating; a truck came to take the construction waste, and a few stones fell and shattered the windowpanes. Is the renovating neighbor liable?
Answer
Shalom u’vracha.
According to the strict law, only the owner of the crane (lifting truck) is liable.
Source
A person who causes damage is liable even in a case of oness (unavoidable circumstance), and therefore the owner of the crane is liable. But for grama (indirect causation) one is exempt, and even if he sent his friend to cause damage, it is explained in siman 380, se’if 2 that he is exempt, all the more so when he did not intend to cause damage. Therefore, the renovating neighbor is exempt from liability.
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