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The ‘Act of God’ Defence
How the ‘Act of God’ Defence can affect your Personal Injury Claim
Hurricane Irma saw winds of up to 185mph causing widespread and catastrophic damage particularly in parts of the north-eastern Caribbean and the Florida Keys. Here in the UK we experienced Storm Aileen, our first named storm of the year.
There was no connection between the high winds the UK experienced and the severe weather in the Caribbean and the US, but we did see our storm peak with winds of up to 83mph recorded causing damage and travel disruption.
There is the potential for injuries to people as a result of trees falling or slates coming off rooves.
Have you got grounds for a claim? Possibly.
You cannot claim for all types of accidents. For some accidents there are Defences. It is possible that an injury caused by a falling roof slate in a storm or a tree falling on your car whilst you are driving will not be grounds for a claim to succeed. There may be an ‘Act of God’ Defence.
However there may be grounds in the following situations:
- A tree was rotten and should have been inspected by the council or landowner you may be able to argue that they have been negligent in not removing it before the storm.
- There had been warnings about the storm and the owner of a property had not tied down items that could blow away in a storm, then you could say that they were negligent and you may be able to pursue a claim against them.
- A property has been poorly maintained and as a result when there was a storm slates flew off the roof, then you could say that the lack of maintenance was the reason for this and you may then be able to pursue a claim.
The success of a case depends on its specific circumstances and it is recommended that you seek the advice of a suitably qualified lawyer.
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