A party cannot escape responsibility for injury or damage unless it was proximately caused solely by an Act of God.

An “Act of God” is an event caused by natural forces beyond human control, such as an earthquake, violent storm, lightning, or an unprecedented flood that cannot be reasonably anticipated or guarded against. A party cannot escape responsibility for injury or damage unless it was proximately caused solely by an Act of God. If the injury or damage was the result of the combined negligence of the party and the Act of God, the party is still liable. A subrogation professional should keep this in mind when dealing with falling trees, roofing claims, and freeze events. If a party fails to take precautions or does not adequately safeguard against the Act of God, the party is still responsible.