Whenever we study the Halachot relevant to property damages, we must carefully analyze the cases discussed in the Talmud and the Shulhan Aruch, and then see how these rules would apply in parallel situations that arise in modern-day life.
A perfect example of this process is a Halacha codified in the Hoshen Mishpat section of the Shulhan Aruch (379:4) concerning a person who placed barrels of wine or oil in his fellow’s property without permission. Even though the barrels were put there without the property owner’s permission, and it causes an obstruction, the property owner is not permitted to deliberately damage the barrels. He is allowed, however, to have them removed at their owner’s expense. Likewise, he may conduct himself normally in his property without bearing responsibility for the damage this causes to the barrels. So long as he did not deliberately damage the barrels, and the damage resulted from his normal conduct, he does not bear liability.
A modern-day application of this rule is the case of a driver who parks in front of somebody’s driveway without permission, thus blocking the homeowner’s access to the driveway. Although the driver obviously acted improperly, the homeowner does not have the right to smash the car’s windows or flatten its tires, for example. He may, however, call a towing company, have them tow the illegally-parked car, and then send the bill to the driver. Furthermore, if the parked car causes a partial obstruction, and when the homeowner attempts to drive into or out of his driveway he accidentally dents the parked car, he is not liable for the damages. Since he drove normally in or out of the driveway, he does not bear responsibility for the damages caused to the illegally-parked car.
This rule would also apply to a car that causes an obstruction in the public domain, such as a double-parked car, that occupies public space in the street. If a driver drives normally down the street and accidentally side-swipes the double-parked car or knocks off its mirror, the driver is not required to compensate the owner of the double-parked car. Since the car caused an obstruction without permission, and the driver drove in normal fashion down the street, he does not bear liability.
Summary: If a person parks his car in front of someone’s driveway without permission, the homeowner may not intentionally cause damage to the parked car. He may, however, have it towed at the car owner’s expense, and is not held liable for damages accidentally caused to the car by his attempts to drive in or out of his driveway around the parked car. Similarly, if a person illegally double parks in the street, people may not cause damage to the car, but they are not held liable for damages accidentally caused to the car as they attempt to drive normally down the street.
