Inevitable accidentDefencesQueen's Bench Division (England)

Stanley v Powell

[1891] 1 Queen's Bench 8618911 min read
The case in brief30-second read
Facts
The defendant and plaintiff were both members of a shooting party, engaged in a lawful activity. The defendant fired at a bird in the ordinary and proper manner, exercising reasonable care.
Issue
Whether a defendant who exercised reasonable care, but whose shot ricocheted unpredictably and caused injury, is liable in negligence.
Held
The defendant had exercised all reasonable care in aiming and firing.
Principle
Where harm results despite the defendant's exercise of full reasonable care, through a genuinely unforeseeable and unavoidable occurrence, this constitutes an inevitable accident excusing liability.
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Facts

  • The defendant and plaintiff were both members of a shooting party, engaged in a lawful activity
  • The defendant fired at a bird in the ordinary and proper manner, exercising reasonable care
  • The shot unexpectedly ricocheted off a tree and struck the plaintiff, causing injury
  • The plaintiff sued in negligence

Issue

  1. Whether a defendant who exercised reasonable care, but whose shot ricocheted unpredictably and caused injury, is liable in negligence.

Held

  • The defendant had exercised all reasonable care in aiming and firing
  • The ricochet's occurrence was genuinely unforeseeable and could not have been guarded against
  • This constituted an inevitable accident
  • No negligence liability arose since the harm did not result from any failure of reasonable care

Ratio decidendi

Inevitable accident excuses liability where the harm results despite the defendant's exercise of full reasonable care and foresight, through an occurrence that could not reasonably have been anticipated or avoided. The defence requires genuine unavoidability.

Exam use

How to use it in an answer

  • Part A: Foundational illustration of inevitable accident as a defence.
  • Key line: "A ricocheting shot causing injury, despite the defendant's exercise of reasonable care, constituted an inevitable accident excusing liability."

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Citation

Stanley v. Powell [1891] 1 Queen's Bench 86

Reported: [1891] 1 QB 86. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.