Defenses and Affirmative Defenses
Liability Defenses
The defense applies to natural events occurring without human agency and of a severity that reasonable precautions could not address. Foreseeable natural conditions do not qualify.
It is distinct from contractual force majeure.
Alternative Names:
Force Majeure (Tort), Vis Major
Why it Matters?
Foreseeability defeats the defense in most weather cases, since storms, floods, and freezing conditions are anticipated in most regions and a defendant is expected to prepare for conditions that recur. The defense succeeds for genuinely extraordinary events exceeding historical experience. Where human conduct contributed, such as inadequate maintenance that a storm then exposed, the defense fails entirely.
Frequently Confused with
Related terms
Frequently asked questions
Why do weather defenses usually fail?
What defeats the defense entirely?
