Very often when there is an accident causing personal injury it is because someone either intentionally or negligently did something wrong. When personal injury victims are harmed by wrongful conduct, they deserve to be compensated. However, a defendant will not be liable if they genuinely had no control over what they were doing at the time. The law refers to these types of actions as involuntary acts. An involuntary act is an action that occurs without any intent. Black’s Law Dictionary defines an involuntary act as an act done “without the will to do it.” Defendants are not generally liable for involuntary acts.
The Difference Between Involuntary Acts and Mistakes
It is easy to confuse involuntary acts with mistakes. An involuntary act is something that a person has no control over. For instance, a seizure, a tic, or actions that occur when a person is asleep are all generally involuntary acts. When an involuntary act occurs, a person will not be liable for any harm caused in most cases. A mistake, meanwhile, is an intentional act that has an unintended consequence. When mistakes occur, liability depends on whether the mistake was reasonable or unreasonable under the circumstances.
Examples of Involuntary Acts
The biggest category of involuntary acts is those acts caused by acute health problems. For instance, if a person has a heart attack while driving and causes a wreck, they will not likely be liable. Similarly, if a person suffers from an unexpected seizure or any other type of involuntary movement, they will not be liable. Acts done while a person is sleepwalking can be considered involuntary as well.
Defendants Are Not Liable for Involuntary Acts
It is a basic principle of Georgia tort law that defendants cannot be liable for involuntary acts. This is because it would be completely unfair to make people liable for things they had no control over. However, in certain circumstances, a defendant can be liable for negligent behavior that caused or allowed the involuntary act to occur.
For example, imagine if a person suffering from a seizure disorder neglects to take their anti-seizure medication and then decides to drive a motor vehicle. This person then has a seizure while they are driving, causing a major accident and seriously injuring someone else. The seizure itself was involuntary. The person cannot be liable simply for having a seizure. However, the person can be liable for neglecting to take their anti-seizure medication and then deciding to drive, because that is something they had control over.
For More Information, Contact Williams Elleby Howard & Easter
The experienced personal injury attorneys at Williams Elleby Howard & Easter, have deep knowledge of Georgia tort law. They are dedicated to getting justice for accident victims throughout the state of Georgia in both state and federal courts. If you have been injured in an accident, the attorneys at Williams Elleby Howard & Easter, can help you understand your legal rights and options, and work to get you the compensation you deserve.
Williams Elleby Howard & Easter, is located in Kennesaw Georgia and represents clients in all types of personal injury cases, including auto accidents, premises liability, products liability, malpractice, and wrongful death cases. To schedule a free consultation, contact Williams Elleby Howard & Easter, today by calling 833-LEGALGA.
