Hurricanes and natural disasters are traditionally viewed as Acts of God.  If a person is injured as a result of an Act of God, meaning that the cause of an accident was purely a natural force that “could not have been prevented by any amount of foresight and pains and care reasonably to be expected of [a defendant]”, then the injured party cannot recover any compensation.  Nugent v. Smith, 1 C.P.D. 423, 444 (C.A.1876).

However, under New Jersey law, a plaintiff can recover from a defendant even where the defendant’s negligence coincides with an Act of God.  As stated by the New Jersey Appellate Court in Andreoli v. Natural Gas Co., 57 N.J.Super. 356, 366, 154 A.2d 726 (App.Div.1959), “[a] defendant is not relieved from liability where there is proof of his negligence, combined with some independent or foreseeable intervening cause which occasions the harm.”  “The wrongdoer is not relieved from liability by proof that an Act of God was a concurring cause.” Id. at 367, 154 A.2d 726 (quoting Hopler v. Morris Hills Regional District, 45 N.J. Super. 409, 416, 133 A.2d 336 (App.Div.1957)); accord Van Cora v. Trowbridge Outdoor Adver. Corp., 18 N.J. Super. 1, 4, 86 A.2d 590 (App.Div.1952) (“he whose negligence joins with an Act of God in producing injury is liable therefor” (citation omitted)).

For example, if a tree branch were to fall on an individual during a hurricane, or an Act of God, they would not necessarily be precluded from bringing a personal injury lawsuit.  A commercial property owner has a duty, under New Jersey law, to ensure that the trees on their property do not create a danger to people on the property, on the neighboring property or to someone using the adjacent street or sidewalk.  See Narsh v Zirbser Brothers, Inc., 111 N.J. Super. 203, 208-209, 215 (App. Div. 1970).

In fact, the commercial property owner’s duty includes an obligation to perform reasonable inspections in order to determine whether the trees are dying, dead, or whether the tree branches are presenting an otherwise dangerous risk.  Narsh, 111 N.J. Super. at 209.  Therefore, if the defendant’s failure to perform his or her duty causes or contributes to an accident, an “Act of God” will not be a defense.

Here at Ginarte Gonzalez Winograd LLP, we provide high-caliber representation to New York / New Jersey personal injury victims and their families. Contact our office at 1 (888) GINARTE for free consultation and we will make sure your rights are not lost. You can also use our online contact form.