הלכה על שמות 22:14

2) As recorded in Exodus 22:14, a bailee is not liable in situations in which the bailor accompanies his property at the inception of the bailment and is himself in a position to participate in the safeguarding of his property. Granted that the patient has the status of a bailed item, the patient, who is also the bailor, is physically present during treatment⁸¹As stated by Ra’avad in a gloss to a ruling of Rambam, Hilkhot Sekhirut 2:1, presence of the owner does not serve to exonerate the bailee from liability in tort. This is true despite the ostensibly contradictory ruling of Ra’avad, Hilkhot Ishut 21:9, declaring that, by virtue of the husband’s presence in the home, a housewife is exempt from liability for household utensils that she may break. The housewife, however, is exempt from tort liability because she has the status of an artisan and an artisan who labors with permission of his or her client is not liable in tort for unintentional damage. See Teshuvot Rabbi Eli’ezer, no. 2. Cf., Maḥaneh Efrayim, Hilkhot Shomrim, no. 39. and indeed is present at the time that the harm occurs.⁸²See R. Mordecai Elon, Torah she-be-al Peh, XVIII, 76. That factor would serve to exonerate the physician from liability as a bailee.