Key Takeaways

  • An act of God refers to an unforeseen natural event, such as a hurricane or earthquake, that occurs without human intervention.
  • These events may excuse performance in contracts, especially under force majeure clauses.
  • Insurance coverage for acts of God depends on the policy type; not all natural disasters are automatically covered.
  • In tort law, an act of God may serve as a valid defense if no human negligence contributed to the damage.
  • Courts assess foreseeability and reasonable precautions to determine liability.
  • Global climate changes are complicating how courts evaluate act of God claims in both tort and contract contexts.

The act of God legal term is defined as an unpreventable natural disaster such as a tsunami, earthquake, tornado, volcano, or hurricane. In most cases, an act of God includes any type of unpredictable natural phenomenon. Acts of God should not be confused with unavoidable accidents, which have an element of human intervention.

Act of God Provisions

Contract clauses that limit liability in response to acts of God are also known as force majeure clauses. In construction contracts, this is often used to legally delay work, complete a construction project, or fulfill an obligation. Acts of God are not covered by most insurance policies. Sometimes, the court may hear arguments about whether a particular storm or event was foreseeable.

When a contract cannot be performed or faces additional expense or delay because of an act of God, the court may discharge the promise to perform. This may mean a refund or extension is necessary, but neither party would be considered liable for the breach.

Some contracts remain valid even when an act of God occurs, such as an insurance policy designed to protect against these instances. However, the policy may limit the amount of damage covered, the timing of the coverage, and/or the types of events covered. These limits must be in the original contract and cannot be enforced after a major, widespread event. If your insurer attempts to limit coverage after you've been affected by a disaster, consult an experienced attorney.

Insurance Coverage for Acts of God

Insurance policies vary in how they address acts of God. Standard homeowners policies may cover some natural disasters, such as windstorms or hail, but exclude others like earthquakes or floods unless additional endorsements are purchased.

Key points to consider include:

  • Named perils vs. all-risk policies: Named peril policies only cover events specifically listed. All-risk policies cover everything unless explicitly excluded.
  • Deductibles and exclusions: Even if a natural disaster is covered, a high deductible may apply.
  • Regional considerations: Insurers in disaster-prone areas (like hurricane zones) may limit coverage or increase premiums.

Always review the declarations page and exclusions section to understand your protection level. If your home or business is in a high-risk area, consult an insurance professional to ensure adequate coverage.

Force Majeure vs. Act of God

Although often used interchangeably, "force majeure" and "act of God" are distinct legal concepts. An act of God is limited to natural occurrences beyond human control—like floods, tornadoes, and earthquakes. In contrast, force majeure clauses are broader and may cover other events such as wars, labor strikes, pandemics, or government shutdowns.

To be enforceable, a force majeure clause must clearly define the covered events and specify how they impact the contractual obligations. Courts will typically interpret these clauses strictly and will not infer coverage of an event not explicitly listed.

Act of God and Torts

In the U.S., tort laws are sometimes impacted by acts of God. These type of laws govern damages for personal injury. If an act of God causes an injury without human intervention, this is a valid defense for the person accused of causing the injury. For example, if a person is injured in a car accident after losing control on an icy road, the icy conditions are considered the act of God and the manufacturer would not be liable.

Individuals cannot avoid tort liability when they could have reasonably foreseen and prepared for the incident in question. For example, a building owner could be liable if a lightning strike causes injury to occupants and proper precautions were not taken prior to the storm.

Foreseeability and Reasonable Precautions

The success of an act of God defense often hinges on foreseeability and whether the defendant took reasonable steps to prevent harm. A court may reject the defense if:

  • The event was predictable (e.g., seasonal flooding).
  • The defendant failed to implement known safety measures.
  • Human negligence contributed to or worsened the damage.

For example, if a storm causes a tree to fall and injure someone, but the tree was diseased and should have been removed, the defense may not succeed.

On the other hand, if a lightning strike causes a fire despite all code-compliant protections being in place, the court may accept the act of God defense.

Act of God Defense

When damages to a plaintiff are caused by a natural catastrophe, the defendant can claim an act of God. Human action must have had no hand in the occurrence in question, which was inevitable. This means it could not have been prevented if the defendant took additional care. In addition, the disaster must have been the sole cause of the damage, not a mere factor among other contributing factors.

This defense prevents a jury from blaming a party for an accident he or she could not have controlled. Although this defense is rare, its prevalence may rise as global warming causes an increase in weather-related natural disasters.

One of the reasons the act of God defense is rarely used is because it is so difficult to prove that storm damage could not have been prevented with human intervention. If this type of defense is successful, however, the plaintiff will not receive damages from the defendant.

Cases in which the act of God defense was used include:

  • Gulf Colorado and Santa Fe Railway Company vs. Texas Star Flour Mills, in which the Texas civil appellate court found that the transportation companies were not responsible for damages after heavy rain removed the roof of a train car and damaged the flour shipment it carried.
  • The Texarkana Court of Appeals found that injuries did not result from an act of God in Macedonia Baptist Church vs. Gibson. Nora Gibson was damaged by a lightning rod and cable attached to the church steeple. The improperly installed system contributed to her injuries even though a storm was also a factor.
  • Luther Transfer and Storage vs. W.H. Walton resulted in damages for the plaintiff when items in his storage space were damaged by a heavy rainfall. The court found that the damage was not solely caused by an act of God because the poorly designed storage space also played a role.

Climate Change and Legal Trends

As climate change increases the frequency and severity of natural disasters, courts are reevaluating what constitutes an unforeseeable act of God. Events like wildfires, hurricanes, and heat waves—once considered rare—are now seen as part of a predictable climate pattern, shifting the legal threshold for liability.

For businesses and insurers, this means:

  • Updating contract language to reflect emerging risks.
  • Reassessing force majeure clauses for clarity and breadth.
  • Implementing more robust risk mitigation strategies to avoid liability.

Attorneys are advising clients to document disaster preparedness efforts to support any future act of God defenses.

Frequently Asked Questions

  1. What qualifies as an act of God in legal terms?
    An act of God is an unforeseeable natural event, such as a hurricane or earthquake, that occurs without human involvement and may excuse legal liability.
  2. Are acts of God covered by insurance?
    Coverage depends on the policy. Some disasters are covered under standard policies, while others require specific endorsements.
  3. What is the difference between an act of God and force majeure?
    An act of God refers specifically to natural events. Force majeure is broader and can include events like war or government action.
  4. Can a business use an act of God defense in court?
    Yes, if it can prove the event was truly unforeseeable and no human actions contributed to the damage.
  5. Is climate change affecting act of God claims?
    Yes, courts are increasingly questioning whether recurring disasters are truly unforeseeable due to growing climate awareness.

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