Q: If a cleaning woman accidentally broke a dish while washing it, is she liable?
A: Chavos Yair (#106) writes that, in principle, she is liable as a shomer sachar (paid guardian). However, he writes that — following the common practice — if almost no one is particular about this, she is exempt (Pischei Teshuvah C.M. 331:1; Aruch Hashulchan 331:7).
This seemingly extends the concept of minhag hamedinah to liabilities that are not contractual, such as damages.
However, some explain that this case is also contractual, relating to laws of workers and guardians. They point to a dispute between Rishonim whether self-adopted practices (as opposed to communal regulations) can override default halachah, but nonetheless write that they can be considered as a stipulation for contractual issues (Teshuras Shai 1:381)
They further question whether we should negate even a small minority, and therefore write that if the plaintiff-employer is in possession and is unusually particular, he/she cannot be made to pay the full wages without deducting the value of the dish (Erech Shai 331:2).
