In this article you will learn about the Inevitable accident in Tort.
Introduction
In law, an inevitable accident is a general defence in the law of tort. An inevitable accident is also known as an unavoidable accident which states that a person cannot be held liable for an accident which was not foreseeable despite all due care and caution taken from his side. Law says that a high degree of precaution is not required, only reasonable care is sufficient. Inevitable accident is an unavoidable situation despite the fact that there was an exercise of reasonable care with prudent caution and skill.
An Accident can be defined as an unpleasant event which caused harm or injury and it was totally unexpected. Inevitable means an event which was bound to happen even though all the precautionary measures and reasonable care was taken. Hence, an inevitable accident is an unavoidable situation despite the fact that there was an exercise of reasonable care with prudent caution and skill. The following two points must be established by the defendant to take the defence of inevitable accident :
- All due care was taken by the defendant
- The defendant could not have reasonably predicted or foreseen it.
Inevitable accidents can be divided into two categories :
- Accidents caused by basic accidents: The forces of nature(natural force) which are not connected with human agency or any other cause; and
- Accidents which originate either from the agency of man or any other cause.
Act of God comes under the first category of Inevitable Accident. It is an act or occurrence which is direct, sudden, insanely violent, natural, and irresistible act of nature, one which could not be anticipated and could not by any amount of care would have been foreseen, could not be avoided by any amount of care by any individual.
Cases :
In the case of Nitro-glycerine, the defendants, a company of carriers, were supposed to transport a wooden case to its destination but its substance was not conveyed. It was found at an interim station that the contents had been leaking. Consequently, the case was taken to the defendants' premises, which they had rented from the complainant, and the defendant’s servant proceeded to open the case for review, but the nitro-glycerine exploded, killing all the people present, and destroying the building. It was held that the defendant had taken all necessary precautions and that he was not negligent. The defendant did not know the contents and had no knowledge about it. Hence the defendant was held not liable as the accident was beyond the standard of a reasonable man.
In the case Brown v. Kendal, the dogs of the plaintiff and the defendant were fighting, the defendant beat the dogs in order to separate them, and the plaintiff was watching. The defendant inadvertently hit the plaintiff in his eye, causing him a serious injury. It was held that the defendant’s action was inevitable and could not be prevented, so he was not liable.
In the case of Holmes v. Mather, the defendant’s horse was guided on a public highway by his servant. Due to the barking of dogs, the horse became unmanageable and started to run away. Despite every effort made by the driver, the horse knocked down the plaintiff. Therefore the defendant was not held liable.
This article on Inevitable accident in Tort is contributed by Dipshikha Anand. If you like LawStudyPoint.com do follow us on our Twitter handle.