Q: What types of damage can beis din adjudicate nowadays?

A: In principle, adjudicating requires dayanim who maintain an unbroken chain of authority back to Moshe Rabbeinu. Although we lack this nowadays, the Sages authorized adjudicating cases that are considered common and entail a loss of principal (C.M. 1:1).

Thus, beis din today can adjudicate a person who damaged another’s property (adam hamazik). Injury to another person (chovel) cannot be adjudicated fully, since it is not considered common, nor does it entail loss of principal (ibid. 1:2). They can adjudicate cases of an animal that damaged through eating (shein) or regular walking (regel), but not through unexpected aggressive behavior (keren [ibid. 1:3]). There is a dispute whether beis din can adjudicate cases of fire (eish) and stationary items that damaged (bor) (see Shach and Pischei Teshuvah 1:2).

Even when beis din is not legally authorized to adjudicate, the damaging party has a personal obligation to pay. Beis din can impose a ban on him until he pays, and if the victim grabs payment, he is entitled to keep it. Some say that beis din can even assess the damage to determine how much is owed (C.M. 1:5; Pischei Choshen, Nezikin 10:4).