The cause of the plaintiff’s damages is typically the first and most critical question posed to a jury in a product liability trial. If a jury determines that a substantial factor in the cause of the plaintiff’s damages was a natural event, such as lightning, a tornado or some other weather-related event, the defendant is not held liable. The act of God defense has been around since the 1800s and, if successfully proven at trial, can serve as a complete defense to a product liability claim. For a variety of reasons, however, the act of God defense has been streamlined by most courts and its viability is being tested in product liability litigation around the nation.
Continue Reading “Force of Nature” or Human Error? Litigating the Act of God Defense