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Hurricanes Bring Danger and Damage Various Ways
The focus on rebuilding and regaining some level of normalcy is foremost in the minds of those returning home after a hurricane. Unfortunately, continued dangers and legal issues can arise.
September 14, 2011 /Government PR News/ -- A Powerful Storm Can Have Lasting Effects and Lead to Legal Action Even Years Later
The recent Hurricane Irene caused an estimated $3 billion in damages from Puerto Rico to Connecticut and cut power to over 4 million homes and businesses, according to data compiled by Bloomberg news. While those who experienced property damage face a difficult period of rebuilding, for a few North Carolinians the storm proved deadly. North Carolina was the hardest hit state, with six deaths directly attributed to the storm:
- A child who was killed in a car crash at an intersection; the car crash was attributed to a power outage that prevented traffic lights from working
- A man who was struck by a tree branch while feeding livestock
- A man who lost control of his car and hit a tree
- A man who had a heart attack while preparing for the storm by putting up plywood
- A man who was killed by a tree falling on his house
- A woman who was swept into a river
These tragedies show some of the myriad dangers hurricanes pose to those in the way of the storm. It also shows how the need for caution does not end once the hurricane has passed.
Common Hurricane Dangers
The most obvious danger from a hurricane is the storm surge. This occurs when the force of the hurricane's winds pushes a dome of water to the shore. A hurricane storm surge can be up to 25 feet high and 1,000 miles wide. Felled trees, downed power lines, property damage and collapse, all commonly result from a storm surge. The threat of a storm surge usually causes mass evacuation for those in its path. Fortunately, most receive the warning to evacuate in time, heed its necessity and get out of the area safely.
The resulting inland flooding is a more subtle danger, but creates its own hazards. In fact, according to the Federal Emergency Management Agency (FEMA), since the 1970s inland flooding has caused more than half of all hurricane-related deaths. This may in part be due to a greater lack of knowledge regarding protection in the aftermath of the storm surge.
Protecting Against the Dangers of Hurricanes
FEMA has issued several tips for avoiding danger after hurricanes. While common sense protections such as staying out of the area until local officials declare it safe are important, other, less obvious safety precautions include:
- Avoiding downed power lines and associated hazards, including dangers from power outages for traffic lights
- Avoiding moving water -- FEMA warns that as little as six inches of moving water can force an average person to fall, and 12 inches of water can sweep a car off the road
- Not drinking tap water until officials in the community report it is safe to do so
- Repairing damaged septic tanks as soon as it is safe, as damaged sewage systems are health hazards
- Watching out for building hazards, even if damage is not readily apparent; foundation damage cannot always be seen from the outside of a structure
Liability Issues After Hurricanes
The focus on rebuilding and regaining some level of normalcy is foremost in the minds of those returning home after a hurricane. Unfortunately, some of the dangers listed above can also cause legal issues.
Lawsuits regarding insurance settlement disputes are common. So too are claims for wrongful death. Eviction disputes are also prevalent in the wake of a hurricane. In addition to these common lawsuits, unique class action claims may arise. For example, after Hurricane Katrina, New Orleans residents sued the U.S. Army Corps of Engineers and local government entities for failed levees. After Hurricane Ike hit Texas in 2008 (and caused damage as far inland as Pennsylvania), policyholders sued the Texas Windstorm Insurance Association for insurance fraud and the mishandling of claims, ultimately receiving a combined $380 million in settlements.
Negligent Behavior
No one has power over the weather. However, when a storm hits, people still have a responsibility to act as a reasonably prudent person would in a similar situation; the failure to do so is the legal definition of negligence.
For example, if the power is out in an area after a hurricane, traffic lights may not be working. If a driver behaves negligently by speeding recklessly through an intersection, that person is liable for any injury resulting from a car accident.
Speak to An Experienced Attorney
A hurricane poses enough danger. It should not be compounded by reckless or careless behavior. If you or a loved one has been harmed in the aftermath of a hurricane because of someone's negligence, speak to a personal injury lawyer to discuss whether you may be able to help put your life back together by holding negligent parties responsible.
Article provided by Riddle & Brantley, LLP
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