Acts Of God

Acts Of God in the United States

Introduction to Acts Of God

Technically, the rule that no one is responsible for an “act of God,” or force majeure as it is sometimes called, is not an excuse but a defense premised on a lack of causation. If a force of nature caused the harm, then the defendant was not negligent in the first place. A marina, obligated to look after boats moored at its dock, is not liable if a sudden and fierce storm against which no precaution was possible destroys someone’s vessel.

However, if it is foreseeable that harm will flow from a negligent condition triggered by a natural event, then there is liability. For example, a work crew failed to remove residue explosive gas from an oil barge. Lightning hit the barge, exploded the gas, and injured several workmen. The plaintiff recovered damages against the company because the negligence consisted in the failure to guard against any one of a number of chance occurrences that could ignite the gas.Johnson v. Kosmos Portland Cement Co., 64 F.2d 193 (6th Cir. 1933). (1)

Acts of God (Prevention)

This section introduces, discusses and describes the basics of acts of god . Then, cross references and a brief overview about Prevention is provided. Finally, the subject of Collisions in relation with acts of god is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Resources

Notes

“Business and the Legal Environment”, by Don Mayer, Daniel M. Warner and George J. Siedel.