Accidental fire

The Fire Prevention (Metropolis) Act 1774, Section 86, states that no action can be brought against anyone whose premises a fire starts by accident. Accidental fire was defined in Filliter v. Phippard (1847) as “fire produced by mere chance or incapable of being traced to any particular cause.” Thus, if the cause of the fire is negligence, nuisance, or a Rylands v. Fletcher object, the fire is not ‘accidental,’ and the defence under s.86 is inapplicable. It appears that any liability for fire was intended to be fault-based.

Accidental Means

A term appearing in some personal accident policies referring to an unexpected, unintended, or unforeseen cause of an accident, involving at least an element of fortuity. Under such policies, the “means” or cause leading to the accident must itself be accidental, not merely the resulting injury. Typically, the policy specifies that the bodily injury must arise from accidental means “solely and independently of any other cause.”

For example, if an individual chopping wood loses grip of an axe and accidentally cuts his foot, this qualifies as accidental means. However, if his finger simply gets in the way of the axe, this would generally not constitute accidental means. Modern courts, however, tend to avoid distinguishing strictly between “accidental bodily injury” and “bodily injury caused by accidental means,” often interpreting both similarly.

Accidental means provision

This is a Rider in a life insurance policy stating that an accidental death benefit is payable if the insured’s death was the result, directly and independently of all other causes, of bodily injury caused solely by external, violent, and accidental means. The “means” that caused the mishap must be accidental to claim benefits under the policy.

Accidental occurrence

An event or series of events that occurs unintentionally or unexpectedly and causes injury or damage. An incident can occur as a result of continuous or repeated exposure to hazardous conditions, with no single event causing the injury. An ‘accident’ is more often than not sudden and occurs at a specific time and place.

See Also:  Slow Accident

Accidents Claim Journal

A monthly journal published from Delhi that reports judgements (both Indian and foreign) relating to accidents and insurance claims, employee state insurance claims, cases of negligence and compensation, claims against common carriers, motor and rail accidents claims, arbitration cases arising out of insurance, criminal trials arising out of accidents, and so on.