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NeCede's

Maxim 12.7.2

Negligence, carelessness, or misconduct are not to be regarded as accidents.

Neglegentia, incuria, aut malefacta pro accidentibus non habenda sunt.

Source: Citizens Nat. Bank v. Cincinnati, 19 Ohio Dec. 685, 687; Weisman, 1d Difficulty 1/5 — Foundational

Explanation

An event caused by human fault is not an accident — the label of "accident" cannot shield a party whose own negligence produced the harm.

Where this applies

  • They're calling it an accident but it was actually caused by negligence.
  • Carelessness or misconduct can't hide behind the label of 'accident'.
  • It wasn't a random event — someone's fault caused this.

Legal domains

tort

See also

Cite this maxim

NeCede Max. 12.7.2 — Negligence, carelessness, or misconduct are not to be regarded as accidents. — Citizens Nat. Bank v. Cincinnati, 19 Ohio Dec. 685, 687; Weisman, 1d (Neglegentia, incuria, aut malefacta pro accidentibus non habenda sunt.)

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