When you live in this area, spring always brings the threat of tornadoes. When you look for a home, you look for one with a basement. When you are living in an apartment or a home without a basement, you make plans to go somewhere that has a basement in the event of a tornado.
This is normal for people who live in this area. One alternative solution to not having a basement is to invest in a storm shelter. But what happens if that storm shelter fails? The wrongful death attorney at Tolbert Beadle looks at the potential fallout.
Understanding An ‘Act Of God’
In 2014, a Missouri woman sued a local Home Depot after the Joplin tornado took the lives of her husband and her two young children. She sued on the basis that the defendants “were negligent” in their building techniques, saying that the roof was not “adequately connected to the walls.” Additionally, the suit claimed that the store lacked an “adequate room” to which consumers could take shelter.
In defense, the store claimed that the tornado was an act of God. So what is an act of God exactly? Well, in most cases, nearly all natural disasters can be constituted as an “act of God.” This is often a loophole for insurance companies, and in some cases against wrongful death attorneys, because the claim is centered around the idea that you can’t defend against such events.
Was Our Wrongful Death An Act Of God?
If you were to sue a storm shelter business using a wrongful death attorney, there is a decent probability that they would defend themselves with this argument. With that being said, an act of God doesn’t immediately discredit a wrongful death attorney from seeking compensation for their client.
If there is negligence, you can pursue a potential package. And in the case of a failed storm shelter, you could likely claim negligence. The tough part is less about determining how the shelter was faulty and more about determining if negligence caused the faultiness.
So Do I Need A Wrongful Death Attorney?
If you have a friend or a loved one who died in a storm despite having a storm shelter, you might need a wrongful death attorney. However, the case will come down to the storm shelter itself. In this area, there has been a history of faulty storm shelters, but it’s very hard to determine the actual cause, especially when the storm in question has destroyed most of the evidence.
Regardless, the best thing to do is to get in contact with a wrongful death attorney and seek consultation. They’ll be able to tell you if your case has legs.
Contact Tolbert Beadle For More Information.
At Tolbert Beadle, wrongful death cases are one of our many services and we want to help you and your family through this tough process. For more information, contact us today at 1 (800) 887-4030 or visit our website.