One of the more common defenses a personal injury attorney will hear when a case is presented to an at-fault party is what's called force majeure. This is the legal notion that people and organizations aren't liable for damages you suffered if they were caused by things more powerful than them, such as the weather or actions taken by the government.
If you've been told force majeure applies in your case or you're worried that it might be, it's a good idea to learn how personal injury attorney services firms usually try to address these concerns.
1. Documenting the Defendant's Claim
It's not enough to simply invoke force majeure. Otherwise, everybody would do it. There has to be evidence that the claimed event happened. Likewise, that even also has to be the proximate cause of the claimant's injuries.
For example, a defendant claiming force majeure based on the weather will have to show that conditions at the time of the incident matched what they say. This includes using records from weather bureaus, video from the area, and eyewitness testimony.
2. Looking at the Proximate Cause
Even if the conditions matched what the defendant says they were, that's not the end of the matter. Parties are still obligated to take reasonable measures even in bad conditions. Suppose someone was injured along the sidewalk in front of a store during the winter. If the defendant made zero effort for hours before the incident to remove snow and ice, they failed to take reasonable precautions to prevent the plaintiff from coming to harm.
This sort of argument can get pretty close to splitting hairs when it comes to tighter timeframes. For example, a reasonable person wouldn't expect the sidewalk to have been instantly cleared the minute it started snowing. These kinds of cases are usually compared to what else was going on at the time. For example, a personal injury attorney might obtain video surveillance footage from nearby businesses showing that everyone else on the street had already cleared their sidewalks.
3. Refuting a Force Majeure Argument
Your response will largely depend on whether force majeure is being legally invoked. Simply stating it doesn't mean it has been properly used. Instead, the defendant must respond in writing to your claim. For example, a claims adjuster might send a rejection based on the conditions at the time of the injury. Your lawyer can then either ask the insurance company to reconsider, or you will have to sue.
For more information about handling your case, contact a local personal injury attorney.
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