Per Infortunium: A Comprehensive Guide to Its Legal Significance

Definition & Meaning

The term "per infortunium" is derived from Latin, meaning "by misadventure." In legal contexts, it refers to situations where a person causes harm or death to another unintentionally, often in the course of reasonable self-defense. Historically, individuals who acted per infortunium could face legal consequences, including the need for a conviction and a royal pardon, even if their actions did not amount to a felony. Despite receiving a pardon, they might still be subject to losing their property.

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Real-world examples

Here are a couple of examples of abatement:

Example 1: A person accidentally causes harm to another during a confrontation, believing they were acting in self-defense. They may be charged but could argue their actions were per infortunium.

Example 2: A homeowner uses force against an intruder but unintentionally injures a bystander. This situation could also fall under the definition of per infortunium.

State-by-state differences

Examples of state differences (not exhaustive):

State Key Differences
California Self-defense laws are more lenient, allowing broader interpretations of reasonable force.
Texas Strong self-defense laws that may limit liability in cases of per infortunium.
New York Stricter interpretations of self-defense, often requiring a duty to retreat.

This is not a complete list. State laws vary, and users should consult local rules for specific guidance.

Comparison with related terms

Term Description Difference
Negligence Failure to take proper care in doing something. Per infortunium involves unintentional harm in self-defense, while negligence is a broader concept.
Justifiable Homicide Killing another person under circumstances that the law recognizes as acceptable. Justifiable homicide is a defense, while per infortunium refers to unintentional acts.

What to do if this term applies to you

If you find yourself in a situation where per infortunium may apply, consider the following steps:

  • Document all details surrounding the incident, including witness statements.
  • Consult a legal professional to understand your rights and obligations.
  • Explore US Legal Forms for relevant legal templates that may assist in your case.
  • If the situation is complex, seek professional legal representation.

Quick facts

Attribute Details
Typical Fees Varies by state and legal representation.
Jurisdiction Applicable in criminal and civil courts.
Possible Penalties Liability for property forfeiture, potential criminal charges.

Key takeaways