inevitable accident
Inevitable accident is an unexpected injury that the defendant could not have foreseen or prevented despite reasonable care and skill. Because liability in negligence requires a want of care, the defendant who proves the accident was inevitable is not liable. In Stanley v. Powell (1891) a pellet fired at a pheasant glanced off a tree and hit the plaintiff; the defendant was held not liable.
It is distinct from act of God, which is an extraordinary natural event without human intervention, such as an earthquake. Inevitable accident can involve human agency. The defence does not apply to torts of strict or absolute liability. In criminal law, s.18 BNS (old s.80 IPC) excuses an act done by accident or misfortune, without criminal intention or knowledge, in doing a lawful act in a lawful manner by lawful means with proper care.
Example
When a driver's brakes failed without warning despite a fresh service, he pleaded inevitable accident in the suit for damages.
In Indian law
- Section 18, Bharatiya Nyaya Sanhita, 2023 (old s.80 IPC)
- Stanley v. Powell (English High Court, 1891)
See also
act of God · vis major · negligence · strict liability
Read more in the study notes
- General defences in tort (Law of Torts)