Rabbi Aryeh Lebowitz

Do we say, no, you were negligent, you shouldn't have put it there, and what did you expect to happen if you put something where you put it?

So the basic background is, the Mishnah in the second paragraph of the Kama tells us,

that an adam is mu'ad li'olam.

The Gemara, Davchav Zayin, Babakama, quotes from Ula that people generally, when they're walking, they're not constantly looking at exactly where they're stepping, what they're stepping on.

So if someone puts something fragile down on a public thoroughfare, and you step on it, you're generally not going to be, and you had no idea that it was there.

You had no responsibility to know it was there.

The guy who left it there should not have put it there.

So Tosfos, on the spot, says that even though Adam will be old, and that's ben b'shogig, ben mezbeim, ben onas, ben baratzot, you're chayiv even for the things that you do, but onas, that's only if...

you could have prevented the damage by being a little bit more careful.

Meaning, Tulsa says if it's an Onus Ke'en Aveda, that it was an Onus, you didn't try to do this damage and it was an accident, but it was Ke'en Aveda, meaning it was an Onus like losing something is an Onus.

There's a big difference between an Onus that's Ke'en Gezela and Gneva and Onus Ke'en Aveda.

Something gets stolen from me, that's an Onus.

Something gets lost from me.

It's an onus, but I could have been more careful, meaning I could have avoided it.

So it's the same thing.

For a person to be high for damages, it has to be a damage that he could have prevented if he was just a little more careful.

But if you had no expectation...

that the Adam was going to be there.

And it was totally out of place.

And you didn't see it.