Defenses and Affirmative Defenses
Liability Defenses
The doctrine holds that not every injury results from negligence, and an event occurring despite ordinary care creates no liability. Many jurisdictions have abolished the separate instruction as confusing.
The concept survives even where the instruction does not.
Alternative Names:
Inevitable Accident, Mere Accident
Why it Matters?
Numerous states have abolished the instruction on the ground that it duplicates the burden of proof charge and risks confusing juries into thinking unavoidable accident is a separate defense. The underlying argument remains available regardless, since a defendant may always argue that no negligence occurred. Requesting the instruction where abolished draws an objection and accomplishes nothing.
Frequently Confused with
Related terms
Frequently asked questions
Why have states abolished the instruction?
Does the argument survive?
