The Mishna on daf TB Baba Kama 27 teaches “concerning the barrel placed in the public domain: If another person came and stumbled on it and broke it, he is exempt.” (Sefaria.org translation) Don’t you have to watch where you walk in the public domain? Or alternately in the public domain, doesn’t the person have the right away? If somebody puts a vessel in the public domain where it doesn’t belong, the person who accidentally broke it is not liable for damages. That is exactly the issue the Gemara is discussing. “Why is he exempt? Although this happened in the public domain, he should examine the road and then continue walking.” (Sefaria.org translation0
Babylonian amoraim explain the special circumstances
of the Mishna when a person is exempt from liability. “Shmuel says: The
ruling of the mishna is taught with regard to a case where he broke it
in the dark. Therefore, he could not have avoided breaking the barrel by
examining the road in front of him. Rabbi Yoḥanan says: The ruling of
the mishna is taught with regard to a case where the barrel was placed
at the corner of the road, and so the pedestrian could not have seen it,
as he rounded the corner, before stumbling on it.” (Sefaria.org translation) In
other words, in broad daylight or the sight line is clear, the person walking
needs to pay attention where he’s going. If he breaks something in the public
domain under these conditions, he is liable for damages.
Eretz Yisrael amoraim
disagree with their Babylonian counterparts. “Rabbi Abba said to Rav Ashi
that this is what they say in the West, Eretz Yisrael, in the name of Rabbi
Ulla, in explanation of the mishna: Even if the barrel is clearly visible,
one who stumbles on it is exempt from liability because the typical manner
of people is not to examine the roads, as they assume that the road is
unobstructed. Therefore, one who breaks an item placed in the road as a result
of not watching is not liable to pay restitution.” (Sefaria.org translation) In
other words, even in day time or the site line is clear, the person walking and
is not paying attention is not liable for the damage of the broken vessel.
A case came
before Rava when he obligated the person walking in the public domain to pay
for damages. Rav Papa explains that “this incident was at the corner
where there was an olive press [de’atzera], where it is known
that people put their jugs down while waiting for oil. Consequently, since
they were acting with permission, a pedestrian should examine the
road and then continue walking.” (Sefaria.org translation)
According to
the Shulkhan Arukh, the halakha holds
that a person is exempt from liability because people usually don’t pay
attention where they walk in the public domain because they have the right
away. However if people have permission to put down what they are carrying
while waiting in line, the person should have watch where he was walking and is
liable for any damages he does. (See Shulkhan Arukh, Khoshen Mishpat, 412:1)
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