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If you are hit by another automobile and injured, you can usually presume that the other driver is to blame. Although this is frequently the case, an extreme and unanticipated incident could have caused the disaster in rare cases. A tornado or storm, for example, could have arisen out of nowhere and crashed the other automobile into yours. Under certain conditions, the “act of God” defense is admissible. Reach out to a Houston act of God defense lawyer to discuss a personal injury lawsuit.
The so-called “act of God” defense dates back to the Middle Ages, when the idea of vis maior, which is related to the French force majeure, may absolve a person of culpability, especially if caused by natural disasters. A tenant farmer, for example, may be exempt from paying rent if his crops are devastated by vis major.
In legal terms, an “act of God” is an unavoidable occurrence that cannot be prevented by human actions or foresight. Black’s Law Dictionary defines an act of God as “An act occasioned exclusively by the violence of nature without the interference of any human agency. A natural necessity proceeding from physical causes alone without the intervention of man. It is an accident which could not have been occasioned by human agency but proceeded from physical causes alone.”
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. A lawyer in Houston could help if the act of God defense is present in a case.
In Texas, when the inferential rebuttal defense of “act of God” is relevant, it is given as an instruction in the jury charge immediately after the definition of “proximate cause” and before the question of whether the parties were negligent.
The Texas Pattern Jury Charge sets out the exact language of the instruction for the “act of God” defense stating that it must be “caused directly and exclusively by the violence of nature, without human intervention or cause, and could not have been prevented by reasonable foresight or care.”
When a defense lawyer or an insurance company invokes the “act of God” defense, it is frequently a ruse. Even if an act of God played a role in the incident, it’s crucial to look into whether human negligence led to the damage or death. Your case can be assisted by an experienced Houston act of God defense lawyer. Call now to discuss your options for compensation.
We’re here to help. Schedule a freeevaluation with an experienced personal injury lawyer in Houston, TX today by filling out the form below, or call us at (713) 888-8888