The wind howled outside with strong gusts.
“I know it’s cold and windy,” Mrs. Winter said to her husband, “but we need several groceries.”
“I’ll drive to the store,” replied Mr. Winter.
“Please drive carefully!” Mrs. Winter implored. “It’s very windy, with rain on and off.”
“Of course,” said Mr. Winter. “I always try to drive safely.”
When Mr. Winter reached the store, he found a spot between two cars. The car to his left was close to the demarcation line.
Mr. Winter zipped his coat and prepared to get out. He opened the door slowly, not to bang the adjacent car.
The door was partly open, when a strong gust flung the door outward, smashing it into the adjacent car. Mr. Winter saw that his door made a dent in the other car.
Mr. Winter looked in the other car to see if there was any identification to whom it belonged. He saw a copy of the Business Weekly, but no identification.
Mr. Winter found a plastic bag in his car. He wrote a note with his name and number, wrapped it in the plastic bag so that it wouldn’t get wet, and placed it securely under the windshield wiper of the other car.
When Mr. Winter returned home, he said: “I drove carefully, but when getting out of the car — although I tried to be careful — the wind flung the door open and dented the adjacent car.”
“What did you do?” asked Mrs. Winter.
“I left a note under the windshield wiper,” answered Mr. Winter. “If the owner calls, we’ll have to pay or invoke the insurance.”
“From what you said, it wasn’t your fault,” said Mrs. Winter. “You were careful, but the wind flung the door; you didn’t do the damage. Are you sure that we are liable?”
“I’m not sure,” replied Mr. Winter, “but I think it was right to leave the note.”
“Maybe check before the owner calls?” said Mrs. Winter.
Mr. Winter called Rabbi Dayan and asked:
“Am I liable for the dent?”
“A person is liable both for damage that he himself did and for damage done by his animal, property or fire that he did not guard properly,” replied Rabbi Dayan. “Damage by the person has broad liability, whereas other categories of damage have certain limitations specific to each category.”
“The Mishnah (B.K. 62a) teaches that if a spark flies from the blow of a blacksmith’s hammer and damages, the blacksmith is liable (C.M. 382:2).
“Tosafos (B.K. 60a; B.B. 26a) differentiates that if the spark flies from the force of the blow alone, it is considered damage by the person himself. However, if the spark is carried by the wind, it is treated as ‘fire,’ which the Gemara (B.K. 3b, 6a) characterizes as damage enabled by an additional force, i.e., the wind.
“Following this definition, objects left on the roof that were blown by a normal wind and damaged while falling are considered a subset of ‘fire,’ because it is damage enabled by the wind (Sma 411:1; C.M. 418:1).
“If the items were blown by an abnormally strong wind, the person is exempt, following the rules of ‘fire.’ Nonetheless, if the strong wind was already blowing, the person is liable, because the person should have known to expect it (C.M. 411:2; Rema 418:9; Pischei Choshen, Nezikin 9:9).
“Thus, if you bang the adjacent car when opening your door — this is damage by the person; you are liable even if you damaged unintentionally (C.M. 378:1).
“However, if the door was flung by a very strong wind, this is like a spark or item carried by the wind. If the gust was sudden and unexpected, you are exempt. However, because it was stormy and the wind already strong, you are liable, as a subset of ‘fire.’
“There is a dispute whether nowadays beis din is halachically authorized to enforce payment of ‘fire’ damage; many maintain that yes. Regardless, you are certainly responsible, and beis din can sanction until you compensate the damaged party (Shach 1:1; Pischei Teshuvah 1:2; C.M. 1:5, Pischei Choshen, Nezikin 10:2,4).
“Therefore,” concluded Rabbi Dayan, “you were correct to leave a note on the windshield.”
Verdict: A car door flung open by an abnormally strong wind is characterized as “fire.” When unexpected, the person is exempt; when the wind is already present, the person is liable.
Based on writings of Harav Chaim Kohn, shlita
