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NeCede's

Maxim 12.7.7

An unforeseen event, occurring without the will or design of the person whose mere act causes it, is known as an accident.

Source: Burkhard v. Travelers' Ins. Co., 102 Pa. 262; 102 Pa; Weisman, 1a Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) An accident, in law, is distinguished from negligence by the absence of design or fault — cite this definition to distinguish unavoidable misfortune from actionable carelessness.

Where this applies

  • A tree falls on a parked car during a storm — the owner of the tree is not liable because the event was unforeseeable and occurred without any intent or negligence.
  • A hunter's stray bullet ricochets off a rock and strikes a hiker a mile away — the injury was an accident because it occurred without the hunter's will or design despite his lawful act of shooting.
  • A construction worker drops a tool that bounces unpredictably and damages a passing car — the event qualifies as an accident because the harm was unforeseen and unintended.

Legal domains

Cite this maxim

NeCede Max. 12.7.7 — An unforeseen event, occurring without the will or design of the person whose mere act causes it, is known as an accident. — Burkhard v. Travelers' Ins. Co., 102 Pa. 262; 102 Pa; Weisman, 1a

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