Accidental Death
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An accidental death is an
unnatural death In many legal jurisdictions, the manner of death is a determination, typically made by the coroner, medical examiner, police, or similar officials, and recorded as a vital statistic. Within the United States and the United Kingdom, a distinct ...
that is caused by an
accident An accident is an unintended, normally unwanted event that was not directly caused by humans. The term ''accident'' implies that nobody should be blamed, but the event may have been caused by unrecognized or unaddressed risks. Most researcher ...
, such as a
slip and fall A slip and fall injury, also known as a trip and fall, is a premises liability claim, a type of personal injury claim or case based on a person slipping (or tripping) on the premises of another and, as a result, suffering injury. It is a tort. A ...
, traffic collision, or accidental
poisoning A poison can be any substance that is harmful to the body. It can be swallowed, inhaled, injected or absorbed through the skin. Poisoning is the harmful effect that occurs when too much of that substance has been taken. Poisoning is not to ...
. Accidental deaths are distinguished from
death by natural causes In many legal jurisdictions, the manner of death is a determination, typically made by the coroner, medical examiner, police, or similar officials, and recorded as a vital statistic. Within the United States and the United Kingdom, a distinct ...
,
disease A disease is a particular abnormal condition that negatively affects the structure or function of all or part of an organism, and that is not immediately due to any external injury. Diseases are often known to be medical conditions that a ...
, and from intentional
homicide Homicide occurs when a person kills another person. A homicide requires only a volitional act or omission that causes the death of another, and thus a homicide may result from accidental, reckless, or negligent acts even if there is no inten ...
s and
suicide Suicide is the act of intentionally causing one's own death. Mental disorders (including depression, bipolar disorder, schizophrenia, personality disorders, anxiety disorders), physical disorders (such as chronic fatigue syndrome), and s ...
. An accidental death can still be considered a homicide or suicide if a person was the unintentional cause. For criminal purposes, intentional homicides are usually classified as
murder Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person wit ...
. Exceptions such as
self-defense Self-defense (self-defence primarily in Commonwealth English) is a countermeasure that involves defending the health and well-being of oneself from harm. The use of the right of self-defense as a legal justification for the use of force in ...
vary by
jurisdiction Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. Jur ...
, and in some cases, persons accused of murder have asserted as a defense that the deceased was actually the victim of an accidental death, rather than an intentional act. However, a person who is responsible for the accidental death of another through
negligence Negligence (Lat. ''negligentia'') is a failure to exercise appropriate and/or ethical ruled care expected to be exercised amongst specified circumstances. The area of tort law known as ''negligence'' involves harm caused by failing to act as a ...
may still be criminally liable for
manslaughter Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th cen ...
, and civilly liable for
wrongful death Wrongful death claim is a claim against a person who can be held liable for a death. The claim is brought in a civil action, usually by close relatives, as enumerated by statute. In wrongful death cases, survivors are compensated for the harm, ...
.
Accidental death and dismemberment insurance In insurance, accidental death and dismemberment (AD&D) is a policy that pays benefits to the beneficiary if the cause of death is an accident. This is a limited form of life insurance which is generally less expensive, or in some cases is an add ...
and similar
insurance policies In insurance, the insurance policy is a contract (generally a standard form contract) between the insurer and the policyholder, which determines the claims which the insurer is legally required to pay. In exchange for an initial payment, known as ...
pay a benefit in the event of accidental death, With these policies it must be demonstrated that a given death is in fact an accident, rather than an intentional suicide or homicide (which might involve
insurance fraud Insurance fraud is any act committed to defraud an insurance process. It occurs when a claimant attempts to obtain some benefit or advantage they are not entitled to, or when an insurer knowingly denies some benefit that is due. According to the ...
). It has been suggested that the "vast majority of accidents are not really accidents of chance, but rather accidents of folly, negligence, and blatant human misjudgment". The
Centers for Disease Control and Prevention The Centers for Disease Control and Prevention (CDC) is the national public health agency of the United States. It is a United States federal agency, under the Department of Health and Human Services, and is headquartered in Atlanta, Georgi ...
reports that in the US in 2015, there were 146,571 "unintentional injury deaths" that year, the fourth leading cause of death. Of those, 47,478 were from unintentional poisoning, 37,757 were from traffic accidents, and 33,381 were from falls. Approximately 500,000 deaths due to
drowning Drowning is a type of suffocation induced by the submersion of the mouth and nose in a liquid. Most instances of fatal drowning occur alone or in situations where others present are either unaware of the victim's situation or unable to offer a ...
are reported annually, worldwide. In a couple of countries, all accidental deaths (or apparently accidental deaths) are investigated by government bodies, and sometimes a family will do a
private investigation A private investigator (often abbreviated to PI and informally called a private eye), a private detective, or inquiry agent is a person who can be hired by individuals or groups to undertake investigatory law services. Private investigators of ...
.
Inquests in England and Wales Inquests in England and Wales are held into sudden or unexplained deaths and also into the circumstances of and discovery of a certain class of valuable artefacts known as "treasure trove". In England and Wales, inquests are the responsibility of ...
, for example, are held into sudden and unexplained deaths, and a
fatal accident inquiry A fatal accident inquiry is a Scottish judicial process which investigates and determines the circumstances of some deaths occurring in Scotland. Until 2009, they did not apply to any deaths occurring in other jurisdictions, when the Coroners an ...
is performed for accidental death in
Scotland Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to the ...
. A verdict of "accidental death", in such cases, is returned when there is no contributory factor from an action or omission of the victim ("
death by misadventure In the United Kingdom, death by misadventure is the recorded manner of death for an accidental death, caused by a risk taken voluntarily. Misadventure in English law, as recorded by coroners and on death certificates and associated documents, ...
") or by another person ("
unlawful killing In English law, unlawful killing is a verdict that can be returned by an inquest in England and Wales when someone has been killed by one or more unknown persons. The verdict means that the killing was done without lawful excuse and in breach of ...
"). Deaths during wartime, due to imprecise or incorrect targeting, maybe euphemistically termed
collateral damage Collateral damage is any death, injury, or other damage inflicted that is an incidental result of an activity. Originally coined by military operations, it is now also used in non-military contexts. Since the development of precision guided ...
, or the result of
friendly fire In military terminology, friendly fire or fratricide is an attack by belligerent or neutral forces on friendly troops while attempting to attack enemy/hostile targets. Examples include misidentifying the target as hostile, cross-fire while eng ...
.


See also

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Death by misadventure In the United Kingdom, death by misadventure is the recorded manner of death for an accidental death, caused by a risk taken voluntarily. Misadventure in English law, as recorded by coroners and on death certificates and associated documents, ...
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List of accidents and disasters by death toll This is a list of accidents and disasters by death toll. It shows the number of fatalities associated with various explosions, structural fires, flood disasters, coal mine disasters, and other notable accidents caused by the effects of negli ...
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Preventable causes of death Preventable causes of death are causes of death related to risk factors which could have been avoided. The World Health Organization has traditionally classified death according to the primary type of disease or injury. However, causes of death ...
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List of unusual deaths This list of unusual deaths includes unique or extremely rare circumstances of death recorded throughout history, noted as being unusual by multiple sources. Antiquity Middle Ages Renaissance Early modern period 19th centur ...
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Manslaughter Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th cen ...
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Criminal negligence In criminal law, criminal negligence is a surrogate state of mind required to constitute a ''conventional'' (as opposed to ''strictly liable'') offense. It is not, strictly speaking, a (Law Latin for "guilty mind") because it refers to an ob ...
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Wrongful death claim Wrongful death claim is a claim against a person who can be held liable for a death. The claim is brought in a civil action, usually by close relatives, as enumerated by statute. In wrongful death cases, survivors are compensated for the harm, l ...


References

{{death Causes of death