An Institution’s Liability for Borrowed Equipment Broken by Children
Question
Hello.
A Talmud Torah borrowed a speaker for an event. They left it overnight in a classroom,
and the children played with it and it broke. Is the institution liable?
Answer
Hello and blessings.
The institution is obligated to pay.
Source
A borrower is liable even for unavoidable accidents. Even if the loan was for that day and the loan period has already passed, he still has the status of a shomer sachar, a paid guardian (Siman 343, se’if 1), and is liable for theft and loss. In particular, leaving a speaker in a classroom of children may be considered negligence.
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