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