Legal Definitions - casus fortuitus

Casus fortuitus refers to an unforeseen and unavoidable event that causes a loss or damage, where no human action or negligence is responsible. It describes situations that are considered pure accidents or "acts of God," meaning they are beyond anyone's control and could not have been prevented through reasonable foresight or care.

Here are some examples to illustrate this concept:

• Example 1: Natural Disaster Damage

  A commercial building's roof collapses during an unprecedented earthquake, causing significant damage to the structure and inventory inside. No structural defects were present, and the building met all safety codes for its region.

  Explanation: The earthquake is a natural phenomenon that is unpredictable and unavoidable by human effort. Since the damage was a direct result of this unforeseen natural disaster and not due to any fault in the building's construction or maintenance, it would be considered a casus fortuitus.

• Example 2: Unforeseen Mechanical Failure

  A delivery truck, which was recently inspected and properly maintained, suddenly experiences a catastrophic and unpreventable engine failure while driving, leading to the loss of its perishable cargo due to delay.

  Explanation: If the engine failure was truly sudden, unexpected, and could not have been detected or prevented through routine maintenance or inspection, it represents an unavoidable event not attributable to human fault or negligence. Therefore, the loss of cargo due to this unforeseen mechanical breakdown could be classified as a casus fortuitus.

• Example 3: Extreme Weather Event

  A farmer's entire crop is destroyed by a sudden, localized hailstorm of unprecedented intensity, which was not forecasted and struck without warning, despite the farmer having taken all standard precautions for the season.

  Explanation: The hailstorm, being an extreme and unpredicted natural weather event, caused the destruction of the crop without any human action or negligence contributing to the loss. This makes the crop destruction an instance of casus fortuitus, as it was an unavoidable accident beyond the farmer's control.