Misadventure (redirected from death by misadventure)

misadventure n. a death due to unintentional accident without any violation of law or criminal negligence. Thus, there is no crime. (See: homicide)

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MISADVENTURE, crim. law, torts. An accident by which an injury occurs to another.
     2. When applied to homicide, misadventure is the act of a man who, in the performance of a lawful act, without any intention to do harm, and after using proper precaution to prevent danger, unfortunately kills another person. The act upon which the death ensues, must be neither malum in se, nor malum prohibitum. The usual examples under this head are, 1. When the death ensues from innocent recreations. 2. From moderate and lawful correction (q.v.) in foro domestico. 3. From acts lawful and indifferent in themselves, done with proper and ordinary caution. 4 Bl. Com. 182; 1 East, P C. 221.