Legal Definitions - per infortunium

per infortunium

This Latin phrase translates to by misadventure or by accident. In a legal context, it refers to an event or outcome that occurs purely by unfortunate chance, without any intent, malice, or significant negligence on the part of the person involved. Historically, this term was significant in common law, particularly regarding accidental deaths, where even without fault, certain legal consequences could arise.

Here are a few examples to illustrate this concept:

• Imagine a scenario where a pedestrian is walking down a sidewalk, minding their own business. Suddenly, a strong, unexpected gust of wind dislodges a loose roof tile from a nearby building, which then falls and causes minor damage to the pedestrian's umbrella. The damage to the umbrella happened per infortunium because it was an unforeseen and unavoidable accident caused by an external force, not by any fault or intent of the pedestrian or the building owner (assuming the building was properly maintained).

• Consider a group of friends playing a casual game of frisbee in a park. One player throws the frisbee, and due to an unexpected change in wind direction, it veers off course and accidentally knocks over a small, decorative garden gnome belonging to a nearby resident, causing it to break. The breaking of the gnome occurred per infortunium. The player did not intend to hit the gnome, and the deviation was due to an unforeseen environmental factor rather than a reckless throw.

• A chef is meticulously preparing a complex dish in a professional kitchen. While carefully carrying a tray of delicate pastries, a small, unnoticed spill on the floor causes the chef to slip unexpectedly, resulting in the pastries falling and being ruined. The destruction of the pastries happened per infortunium. The chef was acting with care, and the incident was a genuine accident caused by an unforeseen hazard, not by negligence or intent to damage the food.