A Craftsman Who Damaged His Work
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Question
An air conditioning technician opened the unit and broke the clip that connects the outer plastic to the wall. Does he need to pay?
Answer
If he could have been careful during the disassembly, he must pay; if he could not have been careful, he does not need to pay.
Source
As stated in the Gemara, Bava Kamma 98: "If one gave craftsmen to repair and they damaged, they must pay. If one gave a carpenter a chest, cabinet, or tower to repair and he damaged, he must pay. And the builder who undertook to dismantle the wall and broke the stones or damaged them, must pay. If he dismantled from one side and it fell from another, he is exempt. But if due to the blow, he is liable." This is also ruled by the Shulchan Aruch and the Rema in Choshen Mishpat, siman 306.
Therefore, if he could have been careful and was not, his status is like that of a worker who caused damage, considered as a paid guardian, and he must pay. However, if he could not have been careful, he is not liable to pay, as in the case where he dismantled from one side and it fell from another, since he was hired for this purpose, he is exempt.
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