Accidents vs. Mistakes

Abstract

This chapter discusses the distinction between accidents and mistakes. Much of the law of torts centers on negligent accidents—whether with cars, airplanes, guns, or simply walking on a slippery floor. The important feature of torts, as opposed to crime, is that there is no liability absent harm to the plaintiff. For example, there is no liability for merely attempting or risking harm. In domestic criminal law, accidents become relevant only in what can be called the pattern of harmful consequences, that is, where there is a causal chain between the action and the harm. Meanwhile, according to Article 31(1) of the Rome Statute, a mistake of fact is relevant only if it negates the mental element required for the crime.