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Throwing a Banana Peel on the Side of the Road

Rabbi Ya'aqob Menashe
Sunday, February 4, 2018/Shebat 19, 5778

The question is asked in Dibrei Mordekhai, of a case where a person is eating a banana and throws away the peel on the side of the road. After a while a wind comes and blows the peel to another spot where a person slips on it and gets hurt. Is the one who threw away the peel considered to be at fault?

Any stumbling block that a person puts in the public area, whether he digs a pit, throws a peel where people walk, or placed a peel on his roof where one would expect a wind to blow it off, and someone got harmed, the one who threw the peel is at fault. In fact, not only is he obligated to pay damages if someone gets hurt, but it is also forbidden to do so, in the first place.

Our case is somewhat different. The Gemara permits people to take out their trash into the public area when trash is removed. Nevertheless, in a case where a third party gets injured as a result of this garbage, the owner of the garbage has to pay damages, and, in addition, he may be fined by the authorities. Therefore, one may not throw out something that could cause damage, and if one puts out items that one is permitted to, if they cause damage, the owner must pay for the damages.

(See  Dibrei Mordekhai, Mishpatim, Halakha BaParasha)

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nezikin, neziqin, paying for damages, Halacha, Halakha, if someone slips on a banana peel

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