Translation:Shulchan Aruch/Choshen Mishpat/413

Paragraph 1- If two potters were walking on the road, one after the other, and the first one tripped and fell, and the second tripped on the first, and the first had the ability to get up but did not do so, the first would be liable for the damage that occurred to the second, because although an unavoidable accident occurred at the time he fell there was no longer an unavoidable accident while he was on the road and he was able to stand up. If he was not able to stand up, he would be exempt, even if he did not warn the second person that tripped on him, because he was preoccupied with himself. There are those who say he would liable if he had time to warn him but did not do so. When is it true that he is liable for the damage to the second person? Where the second person’s body was damaged. If his vessels were damaged, however, he would be exempt because one is not liable for pit-damage to a vessel and every obstacle is a subcategory of pit-damage, as was discussed.

Paragraph 2- If potters, glaziers, or anyone similar were walking one after the other, and the first one tripped and fell, and the second tripped on the first, and the third tripped on the second, and each one of them could have stood up but did not do so, the first would be liable for damage to the body of the second, regardless of whether he was injured by the first person’s body or load. There are those who disagree and hold that if he was injured by the load, the first would even be exempt for damage to the second person’s body. The second person would be liable for the damage to the third person’s body if he was damaged by the second’s body. If he was damaged by the second’s load that fell, however, the second would be exempt because the second person can tell the third person that he did not dig this pit, meaning this load, because the first one knocked down the second person with his load. If they warned each other, they would all be exempt.

Paragraph 3- If the first individual fell and was spread out across the width of the road, and one person tripped on his head, another tripped on his legs and another tripped on his stomach, he is liable for the damages to all of them because he could have stood up but did not. There are those who say this is only true where the first person was lying down diagonally.