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Weaver v. Ward | 80 Eng. Rep. 284 (1616)

One of the earliest personal injury actions was trespass vi et armis, or wrongful conduct involving force and arms. Such action was considered to be based on the defendant’s impermissible actions, rather than negligent behavior. Negligence was therefore thought of as irrelevant to proof of fault for trespass. In the 1616 decision Weaver versus Ward, however, the King’s Bench considered a fault-based standard of liability to the tort of trespass.

Weaver and Ward were trained soldiers in the British Army. During a military exercise, Ward fired his gun and accidentally shot Weaver, injuring him. Weaver then brought an action of trespass of assault and battery against Ward.

In response to the suit, Ward argued that both men were soldiers and that the injury occurred accidentally and without fault. Weaver filed a demurrer, objecting to Ward’s argument as to negligence, arguing that proof of fault was irrelevant to an action of trespass.

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