Legal Definitions - accidental killing

An accidental killing occurs when a person causes another's death, but did so while performing a legal action in a proper way, and had no reasonable expectation that their actions would cause harm or death. It means the death was a tragic, unforeseen consequence of an otherwise lawful and careful act, without any intent to harm or criminal negligence.

Here are some examples to illustrate this concept:

• Scenario: A driver is carefully backing their car out of their driveway, checking mirrors and looking over their shoulder. Unbeknownst to them, a small child suddenly runs into the blind spot directly behind the vehicle and is tragically struck and killed.

  Explanation: Backing a car out of a driveway is a lawful act. The driver performed this act in a lawful and careful manner by checking their surroundings. They had a reasonable belief that no harm would occur, as they did not see the child and had no reason to expect someone to be in that specific blind spot. The death was an unforeseen and tragic accident.

• Scenario: A surgeon performs a routine, medically necessary operation on a patient, meticulously following all established surgical protocols and safety procedures. Despite the surgeon's skill and adherence to best practices, the patient suffers an extremely rare and unpredictable adverse reaction to a standard anesthetic, leading to their death.

  Explanation: Performing surgery is a lawful act when done by a qualified professional. The surgeon carried out the procedure in a lawful and proper manner, adhering to all medical standards. They had a reasonable belief that the anesthetic, a standard medical tool, would be safe for the patient, as it is for the vast majority of people. The death was an unexpected and tragic medical complication, not due to negligence or intent to harm.

• Scenario: A construction worker is operating a crane on a secure, marked construction site, lifting a heavy beam according to all safety regulations. Suddenly, a trespasser, who had bypassed security measures and was not authorized to be on site, wanders into the crane's path and is fatally struck by the moving load.

  Explanation: Operating a crane on a construction site is a lawful act when performed by a trained worker. The worker was operating the crane in a lawful and proper manner, following all safety protocols within a designated, secured area. They had a reasonable belief that no harm would occur to unauthorized individuals, as the site was secured and they had no reason to expect a trespasser in the path of the load. The death was an unforeseen consequence of a lawful activity.