LEGAL PRINCIPLE: TORTS — Negligence — Inevitable Accident — Defence Not Established Where Evidence Shows Switch Was Left On
PRINCIPLE STATEMENT
Where evidence shows that a switch was left on while equipment was being serviced, and the motion gear was negligently positioned, the defence of inevitable accident is not established.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in C & C Construction Co. Ltd v. Okhai (2003) NLC-81999(SC) at pp. 16–17; Paras D–A.
"It is clear from the above that someone was negligent to have left the switch on while the crane was being serviced. It also seems that the motion gear was negligently put and left in a mobilizing position. Without those conditions there was no possibility that the crane would energize itself and go into motion. There can be no question of inevitable accident in the present case as a defence."
EXPLANATION / SCOPE
Inevitable accident is not established where human negligence caused the accident. The principle applies to tort law. The defence requires that the accident could not have been prevented by reasonable care. The rule protects claimants. The court will find negligence where proper precautions were not taken. The principle is well-established.
