Q: I threw out a pile of branches to be collected by the sanitation department. If the branches got scattered and someone tripped over them, am I liable?

A: A person cannot free himself from liability for an obstacle (bor) by renouncing ownership (hefker), whether he placed the obstacle there or it fell there through his negligence. However, if the obstacle fell there through circumstances beyond his control, e.g. it was blown by an extremely strong wind, the owner can renounce ownership of the obstacle and exempt himself from subsequent liability (C.M. 412:1; 411:2).

Therefore, if you piled the branches carelessly, you remain liable. If you piled them carefully and they were scattered by a strong wind, you are exempt since you have no interest in maintaining ownership (see Pischei Choshen, Nezikin 8:[9]).

A person who was walking carefully and tripped is not considered negligent. Therefore, if something he was carrying broke or spilled when he fell, he can exempt himself of legal liability by renouncing ownership of the broken pieces. However, a chiyuv b’dinei Shamayim of grama remains if he could have cleared the obstacle away and did not do so (C.M. 412:4; P.C., Nezikin 8:[12]).