Timeline for Does a purely accidental act preclude civil liability for its resulting damages?
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18 events
| when toggle format | what | by | license | comment | |
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| Mar 20, 2023 at 17:40 | comment | added | jwenting | @barbecue I don't remember. Luckily nobody got hurt, just fender benders. | |
| Mar 20, 2023 at 17:16 | comment | added | barbecue | @jwenting just out of curiosity, what was the actual failure? Sounds like a defective master cylinder... | |
| Mar 20, 2023 at 8:12 | comment | added | jwenting | @barbecue correct. And if the brakes just randomly failed due to say a puncture of a brake line it'd be an act of god. In this case the car was under regular service with an authorised dealer and less than 2 years old so there was no reason for the brakes to fail (or indeed anything major). That, plus the police report was enough that the insurance didn't even bother to demand an investigation (that and I had a 10+ year accident free history, which no doubt helped convince their assessors). | |
| Mar 18, 2023 at 21:01 | history | edited | ohwilleke | CC BY-SA 4.0 |
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| Mar 18, 2023 at 20:55 | history | edited | ohwilleke | CC BY-SA 4.0 |
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| Mar 18, 2023 at 19:34 | comment | added | barbecue | @jwenting an interesting example, because if you had been told by your mechanic that your brakes were in bad shape and could fail but you did nothing, then you could have been found negligent. Alternatively, if you'd recently had your brakes repaired and it turns out the repair was faulty, the mechanic might be the negligent one. I suspect a lot of the time this comes down to how aggressive the plaintiff is in investigating the circumstances. | |
| S Mar 17, 2023 at 15:24 | history | suggested | Toby Speight | CC BY-SA 4.0 |
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| Mar 17, 2023 at 12:27 | comment | added | jwenting | @DaleM or my case where a brake failure caused an accident. Investigation turned out the brakes on my car had indeed failed, something I could not have known because a few hundred meters prior they had worked at the previous intersection. I was also driving well below the speed limit so could not be faulted for my speed either. | |
| Mar 17, 2023 at 8:21 | review | Suggested edits | |||
| S Mar 17, 2023 at 15:24 | |||||
| Mar 16, 2023 at 23:14 | comment | added | ohwilleke | @DaleM That's a good example. | |
| Mar 16, 2023 at 23:06 | comment | added | Dale M♦ | An example of non-negligent motor vehicle collisions is of a driver who suffers a previously unknown and unexpected medical episode resulting in the crash - heart attack, stroke, sneezing fit, seizure, insect sting/bite etc. | |
| Mar 16, 2023 at 19:14 | history | edited | ohwilleke | CC BY-SA 4.0 |
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| Mar 16, 2023 at 18:41 | comment | added | cbeleites | Oh, yes, I think this is a good description. I have some links to German BGB in my answer. | |
| Mar 16, 2023 at 18:13 | history | edited | ohwilleke | CC BY-SA 4.0 |
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| Mar 16, 2023 at 18:07 | comment | added | ohwilleke | @cbeleitesunhappywithSX I can only rely on legal scholarship and civil codes I've read on the subject. But I think I've fairly articulated that standard. I'll find a link if I have time. I've provably linked to sources for that in other answers at Law.SE | |
| Mar 16, 2023 at 17:49 | history | edited | ohwilleke | CC BY-SA 4.0 |
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| Mar 16, 2023 at 17:43 | history | edited | ohwilleke | CC BY-SA 4.0 |
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| Mar 16, 2023 at 17:34 | history | answered | ohwilleke | CC BY-SA 4.0 |