Falling trees or tree limbs have sadly resulted in severe debilitating injuries and even death. An injured party has the right to seek compensation for their damages, pain and suffering, wage loss, future wage loss, necessary and reasonable medical expenses, anticipated future expenses, mental anguish and past or future impairment of ability to enjoy life. Compensation can be collected from the responsible party. However, from time to time, the party we believe to be responsible for the claim may deny liability of the damages caused by the falling-tree stating the fallen tree was an ‘Act of God.’
The definition of an Act of God varies. Court rulings clarify the legal use of this argument. For the most part, an Act of God defense must demonstrate that the circumstance was so abnormal and unusual in nature that no human assistance or human influence would have changed the event. An Act of God defense must demonstrate that the falling tree could not have been prevented by ordinary human foresight.