THE BAIS HAVAAD HALACHA JOURNAL: Volume 5776 Issue XII Vayechi DAMAGES ENACTED ON PUBLIC PROPERTY Who is at fault? By Rabbi Yitzchak Silver, Dayan in Yerushalayim, author of the Code of Jewish Conduct, and many other seforim on Choshen Mishpat.
The Gemara in Bava Kama, daf lamed beis, discusses Hameshana. The meshana is a person who uses the streets for an unusual purpose, for example he sits or lies down on the sidewalk. This is different than what people usually do on public property. The meshana has no right to do this, and if someone trips over him, he has the din of a bor. The meshana is similar to a bor in that he is chayiv for nezek, for damaging other people, but not their keilim.
For example, if someone sat down in the street and another person tripped over him and damaged his finger. The meshana is obligated to compensate the injured man for the depreciation of his value had he been sold in a slave market. However, if he ripped his suit while tripping on the human obstacle, the meshana does not have to pay, because he has the din of a bor which is potur on keilim.
If the person who tripped could see the meshana lying on the street and could have easily walked around him without too much bother, then he is chayiv for damages. If the walker did not bother to go around the meshana and he damaged the man who was lying in the street, he is chayiv k'din odom hamazik.
The Gemara in Bava Kama, daf lamed beis, discusses Hameshana. The meshana is a person who uses the streets for an unusual purpose, for example he sits or lies down on the sidewalk. This is different than what people usually do on public property. The meshana has no right to do this, and if someone trips over him, he has the din of a bor. The meshana is similar to a bor in that he is chayiv for nezek, for damaging other people, but not their keilim.
For example, if someone sat down in the street and another person tripped over him and damaged his finger. The meshana is obligated to compensate the injured man for the depreciation of his value had he been sold in a slave market. However, if he ripped his suit while tripping on the human obstacle, the meshana does not have to pay, because he has the din of a bor which is potur on keilim.
If the person who tripped could see the meshana lying on the street and could have easily walked around him without too much bother, then he is chayiv for damages. If the walker did not bother to go around the meshana and he damaged the man who was lying in the street, he is chayiv k'din odom hamazik.
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