Parshas Lech Lecha 5787
Monetary, Interpersonal Laws and Din Torah (79)
Laws of Damages. Damaging During Sleep. If a person goes to sleep while leaving another person’s item within arm’s reach, and then knocks it over and breaks it while sleeping, he is fully obligated to pay for the damage. However, if he went to sleep first, and the owner subsequently placed the item near him, the sleeping person is exempt from paying, as the owner is at fault for creating the hazard (1). The same logic would apply if a person is a guest and the host places a nightlight or a vase right next to the bed knowing full well that a sleeping guest might inadvertently knock it over - the guest would then be exempt from damages.
Falling Asleep While Driving. Every driver is obligated to ensure that he or she remain fully fresh and alert behind the wheel at all times. This is a matter of pikuach nefesh. If a driver falls asleep and causes property damage, he is obligated to pay for the loss. If people were injured, he is obligated to pay for the damages (nezek). Regarding medical fees (ripui), it appears he is obligated to pay according to the parameters established by the Rema (2). See Teshuvos Shevat Halevi (3) regarding specific, exceptional scenarios where a sleeping driver might only be obligated to pay for nezek and not for ripui.
While Intoxicated. Regardless of one’s level of intoxication, he remains fully obligated to pay for all damages he causes (4). Even if at the time the damage occurred he was so severely drunk that he had the status of a mentally incapacitated person (shoteh), he is still held strictly accountable because he willingly allowed himself to get into that compromised state in the first place.
Leisure Activities. If individuals are playing sports - such as basketball or football - and one player damages another’s clothing or belongings while in the midst of normal, expected gameplay, he is exempt from paying. The reason is that all players enter the game with the full understanding that such incidents occur in the normal course of play, thereby implicitly waiving liability. This principle aligns with the Rema (5). The exact same halachic rule should apply to standard, energetic dancing at a wedding or on Simchas Torah.