By Rabbi Meir Orlian | |||
#125 |
Vayelech |
21.09.2012 |
N/A |
Q: A blind neighbor has a seeing-eye dog. He went away for a week and asked me to look after his dog. If the dog damages, who is responsible for the damage?
A: A person who takes responsibility for an entrusted item also takes responsibility that it should not damage, unless stipulated otherwise. Therefore, if you were negligent in watching the animal and it caused damage, you are responsible for the damage (C.M. 396:8). Conversely, if the animal damaged your own property, the owner is not liable (347:1).
If you watched the animal properly, but it caused damage nonetheless, neither you nor the owner is liable. [If the guardian watched the animal minimally, a shomer chinam (unpaid guardian) is not liable, but the owner remains liable for certain kinds of damage (keren tam); whereas a shomer sachar (paid guardian) or sho’el (borrower) is liable (see Sma 396:18; Gra 396:18).]
However, if the animal was entrusted to a minor, the owner remains liable for damage done by the animal (396:6). Similarly, if the animal has a history of damaging, but the owner did not disclose this to the guardian, the owner remains liable (Pischei Choshen, Pikadon, 2:[70]).