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Q: There was a fierce wind which actually blew part of our roof off. It rammed into the backyard of our neighbor and caused serious damage to their landscape. Our neighbor says he expects us to pay for it. A: Force majeure is a legal concept that frees a party from liability when an extraordinary event or circumstance occurs that is beyond his or her control. Examples include a war, crime or events described as an act of God. Wind of the kind you describe may well be treated as an act of God figuratively let alone legally.
This insulates you from liability because it is deemed beyond your control, unless it can be shown that you have some responsibility for what occurred by virtue of not having been careful or having contributed to the situation.
Thus, if you knew, or had reason to know your roof was shoddy, and did not repair it, or let it continue to deteriorate, the fact the wind was very strong may not shield you from at least some level of accountability for the harm that occurred. Ron Sokol is a Manhattan Beach attorney with more than 35 years of experience.
His column, which appears in print on Wednesdays, presents a summary of the law and should not be construed as legal advice. For instance, if the weatherperson forecast clear skies for the day, but it actually rained and you became sick after being caught out in the rain, you could possibly have a case.
Since it is a personal injury case, your claim has to meet the standards of personal injury law. Proving that your claim meets this criteria can be challenging. A major part of arguing that the weatherperson is responsible is proving that other weatherpeople would have given a different forecast if the same conditions existed on the day in question. Proving this can be challenging due to the variables that are used to predict the weather.
For instance, if there were clear indications that it was going to rain and other weatherpeople in the area predicted rain, you could argue that the weatherperson failed to accurately assess the signs of bad weather.
Your attorney could rely on the testimony of other weatherpersons to prove that a different forecast should have been made.
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