Chapter 15-4 Unavoidable Occurrence and Sudden Emergency

• Jurisdiction: United States

15-4 Unavoidable Occurrence and Sudden Emergency

15-4:1 Unavoidable Occurrence

An "unavoidable occurrence" or "unavoidable accident" is an event "proximately caused by an unforeseeable, nonhuman condition, not by the negligence of any par-ty."²⁰ From Dillard, "the unavoidable-accident instruction is ordinarily used to (1) inquire about the causal effect of some physical condition or circumstance, such as fog, snow, sleet, wet or slick pavement, or obstruction of view," or (2) "to resolve a case involving a very young child who is legally incapable of negligence"; but the use of the instruction is not limited to these circumstances.²¹

15-4:2 Sudden Emergency

Recognized by the Texas Supreme Court in Dillard,²² "sudden emergency" is defined and described as follows:

A sudden emergency instruction is...