- unavoidable
- Not avoidable, incapable of being shunned or prevented, inevitable, and necessary@ unavoidable accidentAn inevitable accident; one which could not have been prevented by exercise of due care by both parties under circumstances prevailing. Woodiwiss v. Rise, 3 Wash.App. 5, 471 P.2d 124, 126.Not necessarily an accident which was physically impossible, in the nature of things for the person to have prevented, but one not occasioned in any degree, either remotely or directly, by the want of such care or skill as the law holds every person bound to exercise. Such type accident is present when an event occurs which was not proximately caused by the negligence of any party to the event. Molina v. Payless Foods, Inc., Tex.Civ.App., 615 S.W.2d 944, 946.See also accident2+One which is not occasioned in any degree, either directly or remotely, by the want of such care and prudence as the law holds every man bound to exercise. Vincent v. Johnson, Tex.Civ.App., 117 S.W.2d 135.One which could not have been prevented by exercise of due care by both parties under circumstances prevailing. Woodiwiss v. Rise, 3 Wash. App. 5, 471 P.2d 124, 126.One which occurs while all persons concerned are exercising ordinary care, which is not caused by fault of any of persons and which could not have been prevented by any means suggested by common prudence. Cavanaugh v. Jepson, Iowa, 167 N.W.2d 616, 623.See Restatement, Second, Torts No. 8.Workers' Compensation Acts.Within meaning of Worker's Compensation Act is any unforeseen, untoward happening which was not to be reasonably anticipated. A.P Green Refractories Co. v. Workmen's Compensation Appeal Bd., 8 Pa.Cmwlth. 172, 301 A.2d 914, 917.As referred to in Act is an unlooked for and untoward event which is not expected or designed by injured employee; a result produced by a fortuitous cause. Reams v. Burlington Industries, 42 N.C.App. 54, 255 S.E.2d 586, 587@ unavoidable casualtyAn event or accident which human prudence, foresight, and sagacity cannot prevent, happening against will and without negligence. Sabin v. Sunset Garden Co., 184 Okl. 106, 85 P.2d 294, 295.Within the meaning of statutes in several states relating to the vacation of judgments, means some casualty or misfortune growing out of conditions or circumstances that prevented the party or his attorney from doing something that, except therefor, would have been done, and does not include mistakes or errors of judgment growing out of misconstruction or understanding of the law, or the failure of parties or counsel through mistake to avail themselves of remedies, which if resorted to would have prevented the casualty or misfortune. If by any care, prudence, or foresight a thing could have been guarded against, it is not unavoidable. The term is not ordinarily limited to an act of God.See also accident- unavoidable accident@ unavoidable causeA cause which reasonably prudent and careful men under like circumstances do not and would not ordinarily anticipate, and whose effects, under similar circumstances, they do not and would not ordinarily avoid.See also unavoidable accident@ unavoidable dangersThis term in a marine policy covering unavoidable dangers of the river includes those unpreventable by persons operating the vessel, and, like the term perils of the sea, includes all kinds of marine casualties, thus including accidents in which there is human intervention@
Black's law dictionary. HENRY CAMPBELL BLACK, M. A.. 1990.
