The wind howled outside with strong gusts.
“I know it’s cold and windy,” Mrs. Winter said to her husband, “but we need some 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, so as 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 had made a dent in the other car.
Mr. Winter looked in the other car to see if there was any identification so he could find out who the owner was. 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 told his wife, “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 car next to me.”
“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 file a claim with our insurance company.”
“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?” suggested 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 a person has broad liability, whereas other categories of damage have certain limitations specific to each category.”
“The Mishna (B.K. 62a) teaches that if a spark flies from the blow of a blacksmith’s hammer and causes damage, the blacksmith is liable (C.M. 382:2).
Tosafos (B.K. 60a; B.B. 26a) differentiates between a case where the spark flies from the force of the blow alone, which is considered damage by the person himself, and one where the spark is carried by the wind, which is treated as ‘fire,’ and 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 caused damage while falling are considered a subset of ‘fire,’ because this damage is 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 considered damage by the person, and 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. But 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 the answer is yes. Regardless, you are certainly responsible in this case, 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 was already present, the person is liable.
