Liability in the USA seems to have gotten out of hand. It seems easy to sue anyone for almost anything. This permeates and poisons all human relationships.
I noted that you do not really see this in the Gemara. What you have in the Gemara is that if one person actually hits and injures another person directly then he is liable to damages. But spilling hot coffee one oneself is not liable to anything. The person that spills coffee one himself ought to be more careful the next time.
I noticed this a few weeks ago when I looked at the Gemara in Bava Kama [I think in perek 7]
The case is one gave to a sea captain a cargo to carry someone and the ship sank. The question is about the fact that the ship did half of its job to carry the cargo half way. So does that have to be paid? But that the captain should be liable is never even brought up --obviously because he is a shomer Sahkar. [paid guard] who is liable only for accidents that were easy to be on guard for. Not for big accidents that he could not help-.
I noted that you do not really see this in the Gemara. What you have in the Gemara is that if one person actually hits and injures another person directly then he is liable to damages. But spilling hot coffee one oneself is not liable to anything. The person that spills coffee one himself ought to be more careful the next time.
I noticed this a few weeks ago when I looked at the Gemara in Bava Kama [I think in perek 7]
The case is one gave to a sea captain a cargo to carry someone and the ship sank. The question is about the fact that the ship did half of its job to carry the cargo half way. So does that have to be paid? But that the captain should be liable is never even brought up --obviously because he is a shomer Sahkar. [paid guard] who is liable only for accidents that were easy to be on guard for. Not for big accidents that he could not help-.
