Houston Act of
God Defense Lawyer

Although no one can be found liable for an actual act of God, if the damage or injury caused by a storm or other occurrence was predictable and could have been avoided with reasonable care, then someone could be held liable. In many cases in which a defendant or insurance company claims that an accident or injury was the result of an act of God, other circumstances apply which place the responsibility on a person. For example, if a tornado causes a church’s roof to collapse, killing those within, a structural or design flaw or inadequate maintenance may have contributed to the storm’s injuries and deaths.

If power lines that were rotten and should have been repaired were blown down in a storm, causing injury, the power company would be liable. Although the storm in question may not have been foreseeable, the fact rotten power lines could blow down in a storm, causing injury, would be foreseeable.

Defense lawyers may claim injuries caused by trees when they are felled by bad weather were caused by an “act of God.” However, landowners are responsible for maintaining trees so if they are rotten and uncared for and the defense would likely fail.

The “act of God” defense will likely fail if the risk was preventable. A tour guide in Arizona was held responsible for leading a group of visitors to their deaths in a flash flood. The guide had been informed that the area was prone to flash floods at the time of the trip so rather than being an unforeseen event it was a preventable risk.

However, if you are injured as a passenger on a bus or train that crashes due to a massive earthquake, the unforeseen event could make the “act of God” defense successful, even if a dangerous mechanical fault was found to be present on the bus or the train.