Q&A: Liability to Pay Compensation for Infecting Someone
Liability to Pay Compensation for Infecting Someone
Question
Hello Rabbi,
In principle, is a person obligated to compensate someone whom he infected with a disease? Or is this considered indirect causation?
Best regards,
Answer
Even indirect causation entails liability in the heavenly sense. But here I am not sure this would even count as indirect causation. There is no act that you performed; rather, damage occurred on its own. One could call this “he was pursued from Heaven” (as in the case of a fetus pursuing). However, if you knew you were sick and did not fulfill your duty of caution, there is room to hold you liable. True, a person who causes damage is liable even under duress, but it seems to me from the reasoning above that here this is not a case of a person directly causing damage at all, unless there is some fault on his part.