Queens, NY – A Queens judge has thrown out a slip-and-fall case filed by a woman who allegedly tripped over a temple’s “eruv” wire.
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An eruv are thin wires strung about 15 to 18 feet above ground and are used by Orthodox Jewish communities to create a symbolic walled courtyard in which the strictures against carrying things in public on the Sabbath are relaxed.
Supreme Court Justice Augustus C. Agate ruled that plaintiff Peggy Egar failed to establish that either Congregation Talmud Torah, which strung the wire, or codefendant St. John’s Episcopal Hospital, where the accident took place, had constructive notice of a recurrent dangerous condition.”
See that what happens when you carry in the eruv
This case will likely scare Cities and Hospitals away from permitting Eruvs.
from their point of vies “who needs the risk and agravation?” i might assume the injured party is also not very happy about eruvs!
While they may not have legal liability, they should provide some compensation voluntarily to avoid protests the next time some shul wants to build a new eruv.
Didn’t they cheked the erev before shsbbos if its not fallen ? So you can see why a lot rabunim are against the erevs because most has no hashguch no achryuas
In my city the eruv is required to have insurance for just such a case!
Why is the fallen wire not a bor bisrhus harabim? Especially, these wires or strings are very hard to see. Shimirasan alecha.
#1 is a “Eino Modeh Be’eruv” and seems to be a Kuti or Tzedoki. See Eruvin P 6 Mish 1
And if someone trips over a fallen branch or a cracked sidewalk i guess they have to sue city hall!!
Today at 08:15 PM
Anonymous Says: Reply to #1 Show Quote
Anonymous Says:
“ See that what happens when you carry in the eruv ”
You are a true idiot with nohing to add to a coversation. Not for what it is worth, I will add my 2 cents. I hope that the plaintiff will be forced to pay for the defendants costs. Society has become too ready to blame others for everything. What ever happened to being careful?
Reply »
Actually, perhaps you are the Idiot here.
Perhaps a person has a reasonable expectation of walking without a thin, almost invisible wire in a perfect position to trip people. While I am pro eruv I never thought of the issue of lifnei eiver. While this tripping incident does not lead to an aveirah it is really lifnei eiver!
In Williamsburg they will never have this problem, since you can’t see the eruv it cannot fall down.
It appears that the issue had nothing to do with an eruv. Th eissue was whether there was a dangerous condition, and whether the congregation had received adequate warning that the dangerous condition existed.
The tendency amongst assimilated Jews to fight eruvin has very little to do with danger, it has to do with their refusal, not only to follow the path of Halacha, but to allow others the opportunity to follow it as well.
SHE should be sued for wasting taxpayer dollars, wasting the judges time etc etc etc to stop these morons from these crazy cases
The lifnei ivur is the eruv that people carry cause they think its kosher meanwhile its on the floor so the yiddin were mechallel shabbos
thats why the monsey eruv has a big insurance policy . so they should not go true any of these kind of problems
Ironically, while the defendants may have been found not liable because of the lack of prior notification, under Jewish law they may be liable because of “adom muad l’olam” (a person is always liable for his actions)
Ironically, while the defendants may have been found not liable because of the lack of prior notification, under Jewish law they may be liable because of “adom muad l’olam” (a person is always liable for his actions)