Define: Accidental Cause

An accidental cause refers to an unforeseen event or circumstance that leads to an unintended consequence or harm. In legal terms, it is a defence used to argue that the harm or damage caused was not intentional or deliberate but rather the result of an accident or an act of nature.

To successfully establish accidental cause as a defence, the defendant must demonstrate that they did not have any intention or knowledge of the potential harm that could result from their actions. They must show that the harm was not reasonably foreseeable and that they took reasonable precautions to prevent any harm or damage.

Accidental causes can be relevant in various legal contexts, such as personal injury cases, property damage claims, or even criminal cases where intent is an essential element of the offence. In these situations, the defendant may argue that their actions were accidental and therefore should not be held liable for the resulting harm.

However, it is important to note that accidental cause is not an absolute defence and may not completely absolve the defendant of liability. Courts will consider various factors, including the degree of negligence or recklessness involved, the foreseeability of the harm, and whether the defendant took reasonable steps to prevent the accident.

Ultimately, the determination of accidental cause will depend on the specific facts and circumstances of each case, and it is up to the court or jury to decide whether the harm was truly accidental or if the defendant should be held responsible.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 11th April 2024.