Q: I left a shovel lying on the sidewalk. Someone tripped over it and fell. Am I liable?

A: An obstacle lying in a place where people walk is included in the damages of bor (pit), discussed last week. The owner is liable for permanent injury to people, but not for damage to inanimate objects (C.M. 410:1, 21).

There is a limitation to the liability of bor, though. The owner is liable only if the person was injured by the pit itself, or if he fell directly on the shovel and was injured by it. Similarly, if you spilled water and someone slipped and was injured by the ground covered by the water, you are liable (C.M. 411:1; Sma 412:9).

However, if the person merely tripped over your shovel, but landed on and was injured by the ground beyond it, you are not legally liable (only as grama), since the injury was inflicted by the natural ground (karka olam), which does not belong to you (Sma 411:3). If the ground beyond is your property, though, you are liable (Pischei Choshen, Nezikin 8:[4]).

Regardless, a person should surely be careful not to leave items where they can damage.