In the United Kingdom, death by misadventure is the recorded manner of death for an accidental death caused by a risk taken voluntarily.
Misadventure in English law, as recorded by coroners and on death certificates and associated documents, is a death that is primarily attributed to an accident that occurred due to a risk that was taken voluntarily. In contrast, when the manner of death is given as an accident, the coroner has determined that the decedent had taken no unreasonable wilful risk.
"Misadventure may be the right conclusion when a death arises from some deliberate human act which unexpectedly and unintentionally goes wrong."
Legally defined manner of death: a way by which an actual cause of death (trauma, exposure, etc.) was allowed to occur. For example, a death caused by an illicit drug overdose may be ruled a death by misadventure, as the user took the risk of drug usage voluntarily. Misadventure is a form of unnatural death, a category that also includes accidental death, suicide, and homicide.
In the case of R v Wolverhampton Coroner,R v Wolverhampton Coroner, ex p McCurbin 1 WLR 719 it was held that the coroner must establish death by misadventure on the balance of probabilities, commonly known as "more likely than not". This is opposed to beyond reasonable doubt, which is used elsewhere.
Selected list of deaths by misadventure +List of deaths by misadventurePersonDate of deathManner of deathRefKristian Digby1 March 2010Auto-erotic asphyxiationBrian Jones3 July 1969Drowned in a poolJulia Lennon15 July 1958Hit by carGaynor Lordc. 8 December 2023Drowned in a riverStephen Milligan7 February 1994Auto-erotic asphyxiationBon Scott19 February 1980Alcohol poisoningOliver Steeper23 September 2021Choked at nurseryAmy Winehouse23 July 2011Alcohol poisoning
See also Inquests in England and Wales
References