By Rabbi Meir Orlian | |||
#144 |
Mishpatim |
9.02.2013 |
N/A |
Q: My friend was carrying some groceries. I hid and shouted, “Boo!” when he passed, startling him. He dropped a bag, breaking the eggs. Must I pay for them?
A: Frightening someone without physical contact, which caused him to become sick or injure himself, is considered grama (C.M. 420:32; Rama 386:3; Shach 386:24). We previously mentioned that grama is not an enforceable obligation but is certainly prohibited, and there is a nonenforceable responsibility to pay (chiyuv b’dinei Shamayim; B.K. 56a).
If there was also physical contact, e.g. you grabbed him when startling him, it is considered direct damage and you are legally liable for the eggs (C.M. 420:25,32).
The same laws apply if you chased after someone and he tripped while attempting to escape (Pischei Choshen, Nezikin 3:[37]).
A person is often liable for damage done by his animal, but it is questionable whether he has any obligation to pay for the grama of his animal. Thus, if your animal startled someone, there might not even be a chiyuv b’dinei Shamayim to pay. [Nonetheless, a person should not keep a pet that can scare people or is a nuisance to neighbors (P.C., Nezikin 5:43).]