Defence of Inevitable Accident in Torts

In tort law, the defence of inevitable accident refers to an unforeseen, unexpected, and unavoidable injury that occurs despite the defendant exercising reasonable care. 

Definition and Elements

An inevitable accident is characterized by the following elements:

Unforeseen: The occurrence of the accident was not reasonably foreseeable by the defendant, considering the circumstances at hand.

Unexpected: The accident is an unexpected event that could not have been anticipated or predicted, even with reasonable caution and care.

Unavoidable: Despite the defendant exercising reasonable care and precaution, the accident could not have been prevented or avoided.

Reasonable Care: The defendant must demonstrate that they took all necessary precautions and acted with due diligence to prevent any harm. They must show that they acted in a manner that a reasonably prudent person would have in similar circumstances.

Examples and Illustrations

To illustrate the concept of inevitable accident, consider the following examples:

Hunting Incident: While hunting with friends, a bullet is accidentally discharged and glances off a tree, hitting and injuring you. If it is established that the bullet was not fired negligently and all proper safety measures were taken, the defence of inevitable accident may apply. The incident would be considered an unforeseen and unavoidable event, even though harm was caused.

Mud Splash: Imagine you are walking on the sidewalk when a passing car drives through a puddle, splashing mud onto your new suit. If it can be shown that the driver did not negligently splash the mud and that it was an unforeseen and unavoidable incident, the defence of inevitable accident may be applicable. Despite reasonable care taken by the driver, the event of mud splashing could not have been prevented.

Tricky Area

It is essential to recognize that an accident is not automatically considered inevitable. Mere occurrence of an accident does not guarantee its inevitability. The defence of inevitable accident requires the accident to be an absolutely pure accident, meaning it was unforeseen, unexpected, and unavoidable, even with reasonable care. Each case must be evaluated individually to determine whether the accident qualifies as inevitable.

Summary

The defence of inevitable accident recognises that certain incidents may occur despite the defendant exercising reasonable care, and such accidents may not give rise to liability in tort law. It is crucial to establish that the harm suffered was truly unforeseen, unexpected, and unavoidable, considering the circumstances and the defendant’s reasonable care.