Negligence Law, Old Testament Style

In Exodus Chapter 21 in the Old Testament, the law is given as to what should happen if one’s ox does damage.  Verses 28-36 describe the various remedies that should occur depending upon the actions of the ox and what was known about the ox in question.

What You Know About Your Ox Can Hurt You

A good example is found in verse 29 where we read …”if the ox were awont (or accustomed) to push with his horn in time past, and it hath been testified to his owner, and he hath not kept him in, but that he hath killed a man or a woman; the ox shall be stoned, and his owner also shall be put to bdeath.”  In other words, if one has knowledge that his ox has a tendency to gore, and, in fact, gores someone, the owner will be responsible.  If one’s ox kills another, the ox is executed and the owner put to death, a rather harsh punishment.

Modern Day Parallel

No many folks own oxen these days, but this law of Moses does have a parallel in modern law.  The situation most often arises in the context of dog bite cases.  If one keeps a dog and has reason to know that the dog may have vicious tendencies, the owner may be liable for damages should the dog bites someone.  If the owner of the dog has no knowledge of the vicious tendencies or the dog has never bitten anyone before, the owner cannot be held liable for the injuries the dog causes if it bites someone.  Or, put another way, every dog gets a free bite.

Bob Jacobson is a personal injury attorney in Boise, Idaho