Bava Kamma 45 - Custodian Is Responsible for Damages as the Owner (Torts)

If the owner of an animal entrusted it to the care of an unpaid custodian, a borrower, a paid custodian, or a renter, and then the animal damaged something, the custodian is responsible for the damage as if he would have been the owner.

Laws of Custodians

An unpaid custodian is responsible only for damage resulting from his negligence.

A paid custodian is responsible if the item is stolen or lost but not for unavoidable mishaps, such as an animal that broke a limb, was captured by armed brigands, or died of natural causes.

A borrower is liable for theft, loss, and unavoidable mishap but not for damage or loss incurred through regular use.

Art: A Yeoman of the Guard by Sir John Everett Millais

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