Inevitable accident under the Law of Torts

Unliquidated damages are the form of compensation used in tort law instances involving civil wrongs. By depending on particular defenses, or legal defenses, the defendant might be able to avoid accountability in some circumstances. General defences, which can be made for various wrongs, and particular defences, which can only be raised for specific wrongs, are the two categories of defences. Among these general defences is the argument of inevitable accident tort.

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This Story also Contains

1. General Defences Under the Law of Tort
2. Different Types of General Defences
3. Inevitable Accident in Torts Meaning
4. Essentials of Inevitable Accidents in Tort Cases
5. Exceptions of Inevitable Accidents Tort
6. Relation between Acts of God and Inevitable Accidents Tort
7. Inevitable Accidents in Tort Cases
8. Conclusion

As implied by the term, inevitable accidents in tort cases are ones that, in most cases, could not have been avoided. Put simply, an accident is an occurrence that results in unanticipated harm to a person or piece of property. This accident is referred to as inevitable if it was not anticipated and could not have been prevented even with the defendant's reasonable care.

General Defences Under the Law of Tort

The Defense of Inevitable Accident tort is one of the general defences under the Law of Torts. In General Defences Even after proving every element of a particular tort, the defendant can avoid liability by raising specified general defences in a lawsuit brought by the plaintiff. It is important to remember that these defences' potencies differ according to the specifics of each instance.

Different Types of General Defences

Volenti non-fit injuria

The exact translation of the Latin phrase "Volenti non-fit injuria," which asserts that someone who provides their consent to be damaged is not entitled to compensation for that tort, is "To a willing person no injury is done." The plaintiff's assent is a powerful defence against him if he voluntarily consents to harm; he cannot then claim that harm was caused by him. No one defends a privilege that he has freely renounced or given up. A clear or implicit consent to endure the harm may be given.

In the case of Padmavathi and Ors. v. Dugganaika and Ors.

In this case, In a jeep, two strangers agreed to ride together. Suddenly, a technical issue caused the Jeep to tumble over, injuring them. The jeep's owner and driver were sued. The defendants were found not liable by the court because the plaintiff voluntarily used the lift and the accident was not reasonably foreseeable.

When the Plaintiff is the Wrongdoer

This type of General Defence is influenced by the maxim- Ex turpi causa non orithur actio, which means no action can arise from an immoral cause.

According to this broad defence, even in cases where the plaintiff is at fault (having committed an illegal act), he is not permitted to sue the defendant, even in cases where he has suffered losses.

In the case of Collins v. Rension

In this instance, the plaintiff climbed a ladder to place a notice on the defendant's garden wall. When the plaintiff refused to come down, he claimed, he gently pushed them off the ladder. However, the plaintiff prevailed in the court's ruling.

Act of God

This generic defence is similar to inevitable accident tort in that it blames natural forces rather than human-caused causes for the disaster.. The event must be remarkable and not predictable in a reasonable manner

Essentials to Consitute Act of God

The essential conditions to constitute an Act of God are-

• Work of natural forces

• The event happening must be unexpected and extraordinary and is not under the control of a human being.

In the case of Nichols v. Marsland

In this case, By damming some natural streams on his property, the defendant created a few artificial lakes. When an exceptional rainfall occurred an uncommon occurrence the lake's embankments gave way. The defendant was found not guilty by the courts due to the unusual nature of the incident, which precluded the use of the defence of an act of God.

Inevitable Accident in Torts Meaning

The defence of an "inevitable accident tort" may be invoked when harm is inflicted while acting properly, with all reasonable care, for any unavoidable reason. As a result, the damage does not give rise to a cause of action. It is based on the notion that the defendants will not be held accountable if the plaintiff suffers harm notwithstanding their lack of malicious intent and is one of the numerous common defenses available to them under tort law.

Essentials of Inevitable Accidents in Tort Cases

The following are the essentials to constitute an Inevitable Accident tort. They are-

• An accident must occur

• Such accidents must be unintended and unexpected even after taking reasonable care and caution.

• Therefore, there had to be no negligence on the part of the individual, and there had to be pain, injury, damage, or loss experienced by another individual as a result.

Exceptions of Inevitable Accidents Tort

Here are the exceptions of inevitable accidents tort under which the defence of Inevitable accidents tort will not be constituted.

Trespassing of Property

The defence of an inevitable accident tort is unacceptable in trespass cases. This is to ensure that the burden of proof rests with the plaintiff rather than the defendant.

Strict liability

It is inappropriate to use the "inevitable accident tort" defence in cases when there is an absolute liability. This is because strict responsibility is unaffected by things like negligence, the intention behind the behaviour, awareness of the transgression, and other things. The only factor that determines guilt in this case is the potential for substantial harm to others, which cannot be avoided, not even with the use of appropriate safety measures.

Negligence

Like in trespass cases, the defence of an inevitable accident tort is not acceptable in a negligence case. This is to avoid leaving it up to the plaintiff to prove the defendant's fault.

Relation between Acts of God and Inevitable Accidents Tort

Both the Inevitable accident tort and Act of God are general defenses under the Law of Torts and both work on the principle that despite taking necessary precautions the accident are inevitable and unavoided. Another broad defence against the liability imposed by tort law is an act of god. It might be seen as a continuation of the defence against unavoidable mishaps. The distinction is that in the case of an Act of God, natural occurrences like extremely high rain, tides, storms, etc. are what caused the ensuing loss or damage. Conversely, in cases of accidents that are unavoidable, the cause of the accident can be due to external factors beyond the defendant's control.

Inevitable Accidents in Tort Cases

In the case of Holmes v. Mather

In this case, The horses were being driven by the defendant's servant on a public highway when all of a sudden a dog began barking, startling the horses. The plaintiff was hurt by the defendant's servant's uncontrollable wild horses, even though he exercised reasonable caution. Because the plaintiff's injuries were the result of an unavoidable accident, the court decided in favour of the defendant.

In the case of Shridhar Tiwari v. U.P. State Road Transportation Corporation

In this case, a biker abruptly crossed in front of the U.P.S.R.T.C. bus as it was approaching a settlement. Even after using the brakes, the driver was unable to stop the bus due to the heavy rain, and as a result, the bus rear-ended crashed with a bus that was going the other way.

It was found that both drivers used due caution and took all necessary efforts to prevent the incident. The decision was made for this to occur. It was decided that the defendant was not at fault.

Conclusion

The Inevitable Accident tort is one of the general defences under the Law of Torts. The Law of Torts provides general defences under which a person is not held accountable for his acts. In general defences, a person is not held accountable or liable for certain actions if done would be held liable in ordinary circumstances. The exceptions under the Law of Torts as provided under this article are volenti non fit injuria, acts done by the plaintiff themselves and Acts of God under these mentioned conditions a person is not held liable for the actions committed.