Personal Injury – Act of God: What You Must Know
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By: Rex Bush
What is an “act of god?”
Black’s Law Dictionary defines it as “An act…[caused] exclusively by violence of nature without the interference of human agency.”
Typically these are “events outside of human control, such as sudden floods or other natural disasters for which no one can be held responsible.” (Wikipedia.)
However, if a contractor failed to follow the building code and because of that a house was blown away by a hurricane, the contractor could be held liable.
What about a driver who has a stroke and crashes into the next car?
In cases like this you sometimes see insurance companies claim an “act of god” defense. Though these defenses are rarely successful you may want to look at the medical records. Perhaps the lady should not have been on the road at all. Was she completely honest on her driver’s license renewal on that long list of questions about the condition of her health? Did she feel a little queasy health-wise that morning?
With questions like these most “act of god” defenses melt away like margarine under a hot knife.
Early in my career as a Utah injury attorney, a young, Air National Guardsman came to me. He had been watching a softball game near the Salt Lake City Airport, when a gust of wind picked up a piece of plywood from land owned by the government. The wind carried the plywood one hundred feet and dropped it on the young man’s wrist.
A highly respected Salt Lake City attorney told him the case was, at best, worth “nuisance value” of one thousand dollars. The attorney was experienced but not in injury law.
As we learned above, in the law of “Torts”, (injury law) injuries caused by nature are known as “acts of god.” Was this an act of god? “Not if it could have been predicted,” says the law of Torts.
Research from the National Weather Service showed wind gusts were common near the Salt Lake City Airport. Therefore, the Federal government should have tied down the plywood. Our claim under the Federal Tort Claims Act (FTCA) resulted in a settlement thirty six (36) times that predicted by the other attorney.
This story illustrates several things to keep in mind when faced with an “act of god” defense:
1. There are different kinds of attorneys. Your divorce lawyer may be outstanding in family law but very bad as an injury attorney, especially when dealing with an esoteric legal concept like “act of god.” Choose a lawyer whose primary focus is injury law and you’ll benefit from his experience especially if it is at least five years full time.
2. If one attorney doesn’t like your injury case try another.
3. Looking at a case from different angles can pay off big. Knowing the case thoroughly is valuable as are research and creativity.
Conclusion
A true “act of god” is an act of nature such as a hurricane or heavy rainstorm. However, if such is foreseeable, then it must be planned and prepared for. Failure to plan and prepare can be an act of negligence.
Disclaimer
This article is intended for informational purposes and not as a substitute for legal advice.
