Inevitable Accident
A Dictionary of Law · Henry Campbell Black · 1891
A Dictionary of Law
An Incannot be prevented by human skill or fore sight, but results from natural causes, such as lightning or storms, perils of the sea, inor illness, By irresistible force is meant aa interposition of human agency, from its nate ure and power absolutely uncontrollable.
12 La. Ann. 427.
As used in the civil law, thig term is nearly synonymous with “fortuitous event.” Inevitable accident is where a vessel is pursuing a lawful avocation in a lawful manner, using the proper precautions against danger, and an acol dent occurs. The highest degree of caution that can be used is not required. It isenough that it is reasonable under the circumstances; such as is usual in similar cases, and has been found by long experience to be sufficient to auswer the end in view,—the safcty of life and property.
7 Wall. 196.
Inevitable accident is only when the disaster happens from natural causes, without negligence or fault on either side, and when both parties have endeavored, by every means in their power, with due care and caution, and with a proper display of nautical skill, te prevent the occurrence of the ae cident, 12 Ct. CL 491,