Force majeure refers to unforeseen circumstances or occurrences beyond the parties’ contract control. These occurrences, including natural disasters, wars, riots, government activities, or other acts of God, are often seen as inescapable. Due to the occurrence of such events, parties may be relieved from their contractual obligations or temporarily suspended under the notion of force majeure.
Georgia law normally does not directly affect force majeure when it comes to personal harm proceedings. Personal injury claims are frequently predicated on the legal concept of negligence when one party causes harm to another party by failing to exercise due care. In most circumstances, force majeure incidents are not thought to be significant when evaluating negligence or liability in a personal injury lawsuit.
Force majeure circumstances, however, may indirectly impact a personal injury case in the following ways:
- Availability of Evidence
Collecting evidence or witness testimony important to the personal injury case may be difficult in the event of a force majeure event, such as a natural catastrophe. This could obstruct the investigation and the presentation of the evidence, making it more challenging to establish liability or quantify the damages.
- Delays In Legal Proceedings
Court closures, rescheduled hearings or trials, or delays in document processing are just a few examples of how force majeure events can cause delays in legal proceedings. These delays may affect the schedule for resolution and lengthen the duration of a personal injury case.
- Insurance Coverage
Force majeure occurrences may have an influence on insurance protection, especially if they are covered under the policy’s exclusions from coverage. For instance, insurance coverage might not pay for losses if a person is hurt during a riot or civil upheaval. To comprehend the potential effects of force majeure occurrences, carefully read an insurance policy’s precise terms and conditions.
- Duty of Care
People and organizations still have a responsibility of care to one another, even in the face of force majeure situations. Determining negligence and whether the defendant violated their duty of care remains key in a personal injury case. Events resulting from force majeure may be taken into account while analyzing the circumstances leading up to the injury. Still, they are unlikely to provide a full justification for the party at fault.
It is vital to speak with an experienced lawyer in any personal injury lawsuit who can offer advice catered to unique circumstances. They will be able to determine how force majeure situations and other important elements will affect your case and will be able to give you appropriate advice.
