In the legal context, an Act of God generally refers to an event involving a natural disaster. Similar to natural disasters, Acts of God are any natural incidents considered beyond an individual’s control, difficult to predict, and hard to quantify in terms of the damages that occur.
Examples of natural disaster accidents that are likely to constitute an Act of God include:
- Floods;
- Earthquakes;
- Lightning;
- Wildfires;
- Hurricanes;
- Tornadoes;
- Avalanches;
- Tsunamis;
- Volcanic eruptions; and
- Various other weather-related events.
An individual may encounter an Act of God provision in a contract or a home insurance policy. In some situations, the provisions may appear as a force majeure clause.
Regardless of the terms that are used, they have the same meaning. Concerning insurance policies, contracts, and other legal instruments, incorporating these types of provisions may eliminate liability if an unpreventable or natural disaster occurs and stops the parties from being able to perform their legal obligations.
In most situations, an Act of God’s provision excites both parties from their duties. There is an exception when the parties negotiate for special conditions when the provision only applies to one of the parties and not the other who is signing the legal document.
Ensuring that an Act of God clause is written in clear and concise language is important. If not, one of the parties may be at risk of being held legally responsible for damages beyond their control.
It is in an individual’s best interest to consult with a local contract lawyer or personal injury attorney regarding legal instruments that contain Acts of God or Force Majeure provisions. A lawyer can advise an individual regarding when an Act of God clause may be triggered and recommend other types of provisions that a party may want to include or be on alert for in the next insurance policy or contract they sign.
How Can I Recover Damages from an Act of God?
If an individual has sustained damages or injuries due to an event classified as an Act of God or under this type of provision, an insurance company may be willing to pay for some damages.
For example, a health insurance policy, a rental insurance policy, or a homeowner’s insurance policy may be some of the legal documents that an individual should review to see if they outline what costs will be covered for events associated with Acts of God.
However, it is important to note that some incidents may require an individual to purchase special insurance. For example, an individual’s homeowners insurance company may not be willing to cover a particular event, such as coastal flooding, if an individual resides on property next to the ocean.
Although this may seem counterintuitive, it is often a policy that is enforced when an individual chooses to own property next to a body of water. In addition, most homeowner’s insurance policies often exclude coverage for damages from an earthquake.
If an individual resides in a location prone to earthquakes, for example, in a state on the West Coast, they will likely be required to purchase a separate policy to cover these damages. It is important to note, however, that simply because a natural disaster may have been caused by what is considered an Act of God does not necessarily mean that there is not another party that an individual may be able to hold responsible for the damages they incurred.
This is why parties in these types of cases must examine all of the facts related to a natural disaster accident to see if there are any parties they can hold legally responsible. For example, an individual may be able to file a lawsuit based on claims involving negligence, construction defects, or defective product liability, even when an Act of God is deemed to have contributed to the resulting damages.
What Types of Lawsuits Are Commonly Associated with Acts of God?
Acts of God clauses are commonly associated with breach of contract lawsuits. A breach of contract lawsuit arises when one of the parties to the contract sues the other party for violating the terms or provisions of the contract.
In this type of case, one of the parties will likely claim that they could not comply with a legal duty under the contract because of an event beyond their control. The other party, most likely non-breaching, would argue that the event was foreseeable and does not qualify as an Act of God.
Other types of lawsuits that are commonly associated with an Act of God provision include:
- Claims related to injuries sustained in a tractor-trailer accident that involved dangerous chemical spills or gas leaks;
- Claims related to injuries that resulted from building collapses due to:
- lack of renovations;
- use of old building materials; or
- weather conditions, such as an earthquake;
- Claims associated with injuries sustained in terrorist attacks, wars, and possibly riots if a party did not cause them to a legal document or were foreseeable before a legal document went into effect;
- Claims that concern work-related:
- riots;
- strikes;
- labor union disputes; or
- labor strikes;
- Claims that involve COVID-19 and other pandemics;
- Claims that address:
- data breaches;
- cyberattacks; and
- other types of digital events that harm or destroy an individual or an entity’s financials as well as other forms of sensitive information; and
- Claims are connected to a government regulation that prevents the obligations in a legal document from being carried out due to a newly passed law.
As noted above, an Act of God clause involves incidents that are not foreseeable, controllable, or seemingly out of a party to a legal document’s control. The claims in these types of lawsuits may involve other events in addition to natural disaster accidents, including:
- Government regulations;
- Wars;
- Riots;
- Pandemics;
- Cyberattacks; and
- Environmental harms, such as chemical spills in accidents.
Do I Need a Personal Injury Attorney?
You should consult with a personal injury lawyer if you have any issues, questions, or concerns related to Acts of God or natural disaster accidents. If you are interested in including an Act of God clause in a contract or other legal document, your attorney can help you draft a new contract, modify an existing agreement, and ensure that any provisions included in your policies or legal documents are valid and legally enforceable.
If you are considering signing a document that includes an Act of God clause, your attorney can explain the consequences of signing the document. Your lawyer can advise you of your legal rights related to these types of clauses as well as explain your best options for legal recourse.
If you are sued for breaching an Act of God provision or need to bring a lawsuit against another party for failing to perform under an invalid Act of God clause, your lawyer can help. Your lawyer will help you through all the required steps for the legal procedure you use to resolve your lawsuit.
