Q: Does a person carry any responsibility for indirect damage (grama)?

A: A person who damages indirectly is not legally liable, but he carries moral responsibility for the damage until he pays (chayav b’dinei shamayim - Shach 32:2). If one who damaged indirectly does not pay, some consider him “wicked”. However, the victim may not grab payment from him forcibly, since there is no legal liability (Pischei Choshen, Nezikin 3:[92]; Shach 28:2).

Although a person is liable for direct damage even if accidental, one does not carry moral responsibility for indirect damage done accidentally, against his will (oness), or even in an attempt to save his own property (P.C., Nezikin 3:39).

If someone acted in a way that caused potential damage, but the damage has not occurred yet, beis din can force him to rectify the situation to prevent the damage or to accept liability for whatever damage may occur. This applies even if it will cost the person money to prevent the damage (Rema 386:3).

Furthermore, if a person contractually accepts liability for indirectly caused loss, the agreement is binding and is not considered asmachta, i.e. a stipulation that lacks the halachically required level of commitment to validate the agreement (P.C., Nezikin 3:42).