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Weaver v. Ward

Melissa A. Hale

ProfessorMelissa A. Hale

CaseCast "What you need to know"

CaseCast –  "What you need to know"

Weaver v. Ward

Citation. Weaver v. Ward, 18 Fed. Appx. 697, 2001 Colo. J. C.A.R. 4393 (10th Cir. Okla. Aug. 29, 2001)
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Brief Fact Summary.

Two members of a military unit were involved in a drill. While discharging his weapon during the drill, Defendant accidentally injured Plaintiff. Plaintiff brought suit for assault and battery.

Synopsis of Rule of Law.

When injury results from one’s actions, he will be held liable for that injury unless he can prove no fault whatsoever in the matter.


In the course of a military skirmishing drill, Defendant discharged his weapon. Although Defendant had no intention that it did so, his weapon caused injury to Plaintiff. Plaintiff brought suit against Defendant. Defendant argued that he was not liable for the injury because it was unintentional and was not his fault. Plaintiff demurred and was awarded damages.


Was Plaintiff properly awarded damages despite Defendant’s argument that the injury was inflicted by accident?


Yes. The Court affirmed the award, finding Defendant had failed to prove he was totally blameless.
* One may escape liability for an injury he has inflicted when he was utterly faultless in inflicting the injury, but it is his burden to prove his total lack of fault.


This case shows the beginnings of possible defenses in the tort system. This marks a progression from Anonymous [Y.B. Edw. IV, folio 7, placitum 18 (K.B. 1466).], in which a more absolute rule.

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