Personal injury claims are predicated upon the concept of negligence whereby were it not for the negligent act of another party, your accident and consequent injuries may not have occurred in the first place. Getting injured due to someone else’s actions established a duty of care which is breached by their actions which then makes it possible for you to file a formal claim for justice and compensation.

This may all seem straightforward, but the truth is that these cases are anything but. When the stakes are high, and the insurance company or defendant has a lot to lose with regard to their assets, reputation or time, they may attempt to invoke the legal concept of Force Majeure, which is a French term which is translated to “superior force”, referring to unforeseeable circumstances which prevent someone from fulfilling an obligation or contract.

This pre-litigation tactic posits that it wasn’t the negligence of the at-fault-party that you suffered injuries, but an “act of God” which was beyond human control, such as gale force winds causing a roof collapse, or unexpected storms that cause a multi-car pileup. Negating negligence in this manner seems unfair as human actions have a role to play in just about every accident. In this article, we’ll take a deep dive into the nuances of Force Majeure defense and demonstrate the strategies we use as a best law firm to counter it in order to safeguard your right to justice and compensation.

Are you looking for the best injury attorney? Please call us NOW at (314) 481-63338 to learn more about your legal options for justice and compensation. The experienced injury lawyers at McCready Law bring to the table over 90 YEARS of combined legal experience where we’ve helped tens of thousands of injured Americans from all corners of the country as well as different socioeconomic backgrounds recover compensation after getting injured on account of the negligent actions of other individuals.

Over the decades, we’ve been able to recover over $260 million and counting for our clients, with a large chunk of these settlements and judgments ranging in the hundreds of thousands of dollars. Our success can be attributed to a number of factors such as the fact that we personally handle and process all claims from start to finish, unlike the majority of law firms that relegate this kind of work to legal assistants or paralegals who usually do not have the prerequisite skills and experience to successfully recover compensation.

We also engage top experts in the forensic, medical, investigative and accounting fields in order to craft a compelling case replete with objective evidence which demonstrates causation and negligence that can be quantified by way of damages. We also aren’t afraid to litigate claims because unlike most law firms, we have the experience and resources to successfully take a claim to court and have it heard by a judge or jury in order to recover maximum compensation allowable by law or the particular jurisdiction.

We run a bilingual firm (hablamos Español), and we have nationwide reach thanks to our trusted network of referral injury attorneys and law firms that we work closely with. Last but not least is the fact that we take on all claims on contingency fee basis, which simply means that there are ZERO UPFRONT FEES for the duration of the processing of your claim, as we only levy our fees at the end of the suit, and only if we’ve recovered compensation on your behalf. If you or a loved one got injured due to the negligent actions of others, please give us a call NOW at (314) 481-63338 to learn more about your legal options for justice and compensation: our intake team is standing by.

How Force Majeure May be Used in Personal Injury Claims

Force Majeure is a valid legal term which attempts to excuse parties from their performance when extraordinary events such as extreme weather, wars, or natural disasters make performance either impracticable or impossible. This concept is usually invoked as an affirmative defense to negligence.

In order to invoke Force Majeure, the following must be present:

1. The event was unforeseeable meaning it couldn’t have been predicted or anticipated
2. The event’s consequences, once occurred, could not have been reasonably prevented
3. The event was entirely outside of the negligent party’s control

Force Majeure defense may be used in a careless manner pre-litigation just to get the at-fault party off the hook. It is important to note even in the face of unpredictable and sudden weather, one is expected to act reasonably even in the face of such unpredictability.

Sudden weather events are usually foreseeable given past weather patterns, preventable failures can be inferred if a structure which was dilapidated or wasn’t properly installed falls on you causing you injuries despite a wind gush toppling it over, and the known risks counter can also come into play since operating in areas with known weather risks such as hurricanes and flash floods will require the defendant to take reasonable precautions to ensure your safety.

Here are some of the reasons why defense applies the Force Majeure invocation:

1. To shift blame from their client and on to an uncontrollable and external event in order to absolve them of any responsibility
2. To mitigate damages by inferring that their client’s contribution was minimal in comparison to the “superior force” in an attempt to reduce your compensation
3. To intimidate you, particularly if you are a first-time claimant or are representing yourself in an attempt to get you to back down and shelve your claim
4. To avoid litigation, particularly if they believe they can succeed in convincing you of the same, since it may reduce your willingness to file a lawsuit which will then save the insurer associated litigation costs

Here’s how we as a best injury law firm counter Force Majeure invocations:

1. We meticulously investigate the unforeseeable event by researching historical weather patterns, local events and so on to show that the unforeseeable event actually happens fairly regularly which should have alerted the at-fault party to take reasonable steps to prevent injuries. In addition, we leverage the expert opinions of professionals such as engineers to demonstrate that the incident wasn’t due to an Act of God, but a faulty beam or rusty, unmaintained structures.
2. We challenge the assertion that the defendant was at the mercy of unavoidable circumstances by showing that they could have taken reasonable precautions by for instance driving safely and defensively, engaged experienced contractors to maintain their buildings and put emergency procedures in place.
3. We demonstrate that a Force Majeure event merely uncovers pre-existing negligence such as poor maintenance schedules, lack of worker training, little to no supervision, failed inspection tests and past customer or worker complaints that fell on deaf ears.

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It is important to note that even while certain events are beyond the control of humans, they can in some form or fashion be mitigated, and this should not be used as a means of absconding from negligence. If you were injured in an auto accident, due to a preventable work-related accident, or in any way that you believe negligence was the central player, please give us a call NOW at (314) 481-63338 regardless of your current location in the country and we shall provide you with a 100% FREE assessment of your claim. There is no obligation, and nothing to sign. Thanks for choosing McCready Law, and we look forward to helping you.