What is the act of God in torts?
Asked by: Marcia Braun | Last update: February 1, 2026Score: 4.1/5 (35 votes)
In tort law, an "act of God" refers to an extraordinary, unforeseeable, and unpreventable natural event (like an earthquake, hurricane, or sudden flood) that is the sole cause of damage, potentially serving as a defense to excuse liability for harm that would otherwise occur. To qualify, the event must be purely natural, without any human intervention or negligence contributing to the injury, and must be beyond what any reasonable human foresight or skill could have anticipated or guarded against.
What is the act of God in the law of tort?
In the law of torts, an act of God may be asserted as a type of intervening cause, the lack of which would have avoided the cause or diminished the result of liability (e.g., but for the earthquake, the old, poorly constructed building would be standing).
What is an example of an act of God case?
An event that occurs outside of human control such as a flood, tornado, earthquake, or natural disaster might qualify as an Act of God defense. When this happens, there is a limit or elimination of the injuries or losses resulting from the event in question.
What is an act of God called in legal terms?
Contracts frequently include an act of God clause, also written as force majeure clause, to allow for non-performance in the event an act of God makes completing the contract impossible.
What events qualify as an act of God?
An act of God is an uncontrollable natural event such as a tornado, flood, or tsunami. An act of God is not caused or controlled by humans.
Act of God (vis major) | Law of Torts | Law Guru
What are examples of an act of God?
Acts of God include earthquakes, hurricanes, tornadoes, and even severe storms. Many acts of God are covered by a standard homeowners insurance policy, though some may require a separate insurance rider.
Can you sue for an act of God?
Act of God as a Personal Injury Defense
Acts of God are sometimes used as defenses in personal injury; however, it is up to the defendant to convince the court that nothing could have prevented the accident.
Who pays for an act of God?
Insurance policies often cover some damages caused by acts of God. However, some policies may exclude certain types of damage or specific events. Usually, there are clauses that limit liability for any damages, injuries, or losses caused by these acts.
Is hitting a deer with your car considered an act of God?
Hitting a deer isn't a legal "act of God," but insurance companies often classify it as one for coverage purposes under comprehensive insurance, meaning it's treated as an unpredictable event beyond your control, like a storm or vandalism, rather than a fault-based collision. This typically covers damages if you have comprehensive coverage, but it doesn't guarantee your rates won't increase; it depends on your specific policy and insurer.
What is another term for act of God?
noun. a natural and unavoidable catastrophe that interrupts the expected course of events. “he discovered that his house was not insured against acts of God” synonyms: force majeure, inevitable accident, unavoidable casualty, vis major. calamity, cataclysm, catastrophe, disaster, tragedy.
What are the 4 defenses to negligence?
Specifically, the defendant must show that the plaintiff: (1) had a duty to protect themselves from harm; (2) breached that duty; (3) the breach was the cause in fact and proximate cause of the injury; and (4) that the plaintiff suffered damages.
What is the force majeure in tort law?
A force-majeure clause is contractual provision allocating the risk of loss if performance becomes impossible or impracticable, esp. as a result of an event or effect that the parties could not have anticipated or controlled.
Can you claim for an act of God?
Most insurance policies do not contain an exclusion for acts of God. The policy will set out what is insured and what the main exclusions are. If loss occurs from an event covered, then the insurer will pay out, in accordance with the policy terms and conditions.
Who is responsible after an act of God?
An Act of God does not automatically shield someone from responsibility. Liability may still exist if the harm could have been reduced or prevented through reasonable planning or safety measures. Courts often look at whether the natural event was foreseeable and whether proper precautions were ignored.
What is the difference between the act of God and the inevitable accident?
An Inevitable Accident refers to an unforeseen event that could not be avoided even with the exercise of reasonable care and skill. In contrast, an Act of God specifically pertains to extraordinary natural events like earthquakes, floods, or hurricanes that occur without human intervention and are beyond human control.
Is there a deductible for act of God claims?
Are Acts of God subject to the policy deductible? Yes. And it's important to note that many homeowners insurance companies now include s SEPARATE deductible for wind/hail. So if you have a wind loss, you may pay a different deductible than if you have a fire loss.
Is a tree falling on a car an act of God?
If it fell for reasons beyond human control, like strong winds knocking it over, it may be considered an act of God. However, if your neighbor is cutting down a tree and it lands on your vehicle or property and causes damage, it would not be considered an act of God.
Can I sue my insurance company if I hit a deer?
In many cases, the cost of repairs to your vehicle is covered by your car insurance. However, insurance companies do not treat deer strikes like a typical collision. If you do not have the correct type of coverage, you may find yourself personally responsible for any vehicle damage.
What does Progressive consider an act of God?
An act of God is usually a sudden and unexpected natural disaster. Unfortunately, some natural events, such as floods and earthquakes, typically aren't covered.
What legally qualifies as an act of God?
§9601. Definitions. (1) The term "act of God" means an unanticipated grave natural disaster or other natural phenomenon of an exceptional, inevitable, and irresistible character, the effects of which could not have been prevented or avoided by the exercise of due care or foresight.
What not to say to an insurance claim adjuster?
When talking to an insurance adjuster, never admit fault, apologize, speculate on injuries or the accident's cause, agree to a recorded statement, or give unnecessary details, as these can be twisted to weaken your claim; instead, stick to basic facts and state you're working with an attorney if possible. Avoid phrases like "I'm fine," "It was my fault," or discussing social media, and never accept immediate settlement offers.
Is sliding on ice an act of God?
Sometimes, a person might claim that the snow and ice are considered an “Act of God” and thus there is no liability for the driver that causes an accident. However, for the “Act of God” defense to apply, the “Act of God” must be the only or sole cause of the accident. That is a rare and probably non-existent situation.
How much is a pain and suffering claim worth?
Pain and suffering damages are often calculated by multiplying the total economic damages by a factor ranging from 1.5 to 5, depending on the severity of the case. For example, if economic damages are $40,000 and a factor of 3 is used, the pain and suffering damages would be $120,000.
What insurance doesn't cover acts of God?
While auto insurance typically covers these types of events under comprehensive coverage, homeowners insurance policies often have exclusions for some or all of these 'Acts of God.
How hard is it to win a breach of contract lawsuit?
Winning a breach of contract lawsuit is challenging, requiring you to prove four key elements (valid contract, your performance, the other party's breach, and resulting damages) against potential defenses like lack of clarity or capacity, while also proving the defendant has money to pay and managing the stress, time, and cost of litigation, with most cases settling before trial anyway.