Who Is Legally Responsible for Storm Damage to Property?
Who is responsible for damage caused by a storm depends on the situation. Hurricane Helene caused significant devastation to eastern Tennessee. We’ll discuss your ability to hold negligent parties responsible for property damage and personal injuries. The Hicks Law Firm is here to help Tennessee residents injured by the negligence of others, including if Hurricane Helene was a factor.
If you’re injured in a storm because of another party’s negligence, seek help from Nashville personal injury lawyer Aaron Hicks so you can start the process of obtaining fair compensation for the harm you suffered. Personal injury Hicks Law Firm has helped thousands of clients, and they can help you too. Call 615-200-0084 or fill out our online contact form to learn more about what you should do next.
Hurricane Helene caused at least 12 deaths in the state, with 15 people missing, according to the Tennessee Lookout. The storm caused an estimated $47.5 billion in property damage throughout the region, reports CNN. This was a massive, powerful storm, but it didn’t do all this harm by itself. There were times when negligence played a role.
Document, Document, Document
After ensuring your and your family’s safety, document the damage to your property. Take detailed photos and videos, noting the date and time. Keep a journal of any other relevant information you can’t establish with a camera. Describe damage, keep notes of conversations, and write down the clean-up work you’re doing and how much time it takes.
This evidence could play a critical role in substantiating your storm damage claim. Work with your insurer if you have one. Ideally, the damage is covered by your homeowner’s policy, and if the insurer thinks another party is responsible, they’ll seek reimbursement from them. However, your homeowner’s policy may not do you much good, depending on what happened and why.
Someone Else May Be Responsible for Your Storm Damage
If another party causes damage to your property, you might be compensated because they were negligent in failing to prevent it from happening or did something that caused the harm.
You, the plaintiff, must show the defendant, the party causing your harm, was negligent. You would need to prove the following elements:
- The defendant owed you a duty or obligation to not harm your property because of the relationship between the two of you (you’re neighbors or live on the same street)
- The defendant violated that obligation or breached this duty
- The defendant’s acts or failures to act factually and legally caused your property damage. The defendant was a substantial cause of the problem, or the harm you suffered was the reasonably foreseeable consequence of their acts or failures to act
- You suffered quantifiable harm
- Tennessee law requires the defendant to pay your damages (the measurement of that harm in dollars)
This may play out in different ways, including the following:
- Something was left unsecured on their property, it ended up on your property and caused damage. This includes something heavy or toxic substances or chemicals that floated downstream, contaminating your property
- A neighbor changed their property, altering how or where water from it drained, and it caused yours to flood
Finding the defendant may be difficult if an object causes property damage because you need to prove where it came from. Don’t waste time in contacting the personal injury Hicks Law Firm after your injury. We can investigate what happened and ensure your legal action is filed before the statute of limitations.
Responsibility for Storm-Related Injuries
If you suffer an injury due to a heavy storm, getting compensation from the responsible party would also involve a negligence claim. It could be similar to a property damage issue, like you were hurt because someone else’s unsecured property ended up on yours, or they’re the result of flooding caused by a neighbor.
You could also be injured away from your property:
- Someone asks you for help, and you go there, but its conditions are unsafe, and you’re hurt as a result
- Debris on the road causes your vehicle accident. It could have been pushed off someone’s property by floodwaters, fallen off the back of a truck, or resulted from a government entity failing to maintain the road in a safe and passable condition.
- Roads are wet, water-covered, and or damaged. Another vehicle driving too fast for conditions strikes yours, causing injuries
- You may go to a business like a store, but the conditions are unsafe. The parking lot, entryway, or floor may be wet, water-covered, or slick with mud, and you slip, fall, and are injured
Many things can go wrong in a major storm, but that doesn’t absolve people of liability if they cause property damage or injuries to others. A personal injury attorney will be a critical resource to help you get the compensation you deserve.
Aaron Hicks is a Nashville Personal Injury Attorney You Can Trust
Personal injury lawyer Aaron Hicks helps Tennessee injury victims regain their lives by obtaining the most compensation possible for their injuries and the adverse effects on their lives. The storm may not be to blame if someone’s negligence injured you during or after Hurricane Helene. Thanks to our years of experience, the personal injury Hicks Law Firm can help you obtain the compensation you deserve. Call us at 615-200-0084 or fill out our online contact form so we may discuss your case.
Aaron Hicks is a civil trial attorney and founder of Hicks Law Firm, based in Orange County with offices in San Diego and Tennessee. His practice includes representing plaintiffs in personal injury cases including motor vehicle accidents, premises liability, dog bites and wrongful death. Mr. Hicks is and AV Rated attorney, Super Lawyer and is currently on the Board of Directors of the Orange County Trial Lawyers Association where he serves as 1st Vice President.
