View from the windshield of a car driving on a two lane highway, following other cars, during a snowstorm.

Gov. Deal Issued State of Emergency for Hermine

Governor Deal issued a state of emergency for the gulf coast of Georgia as hurricane Hermine headed toward Florida, Savannah Now reported. The state of emergency covered 56 different counties and lasted through Sunday, September 4. The Georgia Environmental Management department reported that the most severe effects to Georgia was heavy rainfall. Weather experts upgraded the status of the tropical storm to a hurricane on Thursday September 1st.

Hermine Became A Category One Hurricane

Universities throughout the state cancelled classes in the wake of the state of emergency announcement. Hermine had sustained winds of over 65 miles per hour, according to The Atlanta Journal-Constitution. It appeared that Hermine was going to be a category one hurricane when it made landfall.  Just this week, Tropical Storm Julia threatened the Georgia Coast with heavy rain and strong winds.

Hurricanes Can Turn Buildings Into Weapons

When hurricanes and flooding occur, the damage to built structures can be spectacular. High winds can shear off building materials and send hazardous objects flying, while fast-moving floodwater can move even huge objects like cars at a rapid speed. If you choose to stick around a disaster area, you could suffer injuries from debris. One question that this raises is, is a property owner liable for injuries that others suffer when a storm damages their property? In general, property owners are liable for injuries that occur because they failed to take reasonable steps to make their property safe.

However, there is an exception to liability for what are known as “acts of God,” including storms. This means that if a storm directly injured you (for example, if you lightning struck you) while you were on someone else’s property, the owner would not be liable. If, on the other hand, the storm blew an object that struck and injured you, they might be liable if they could have taken reasonable steps to prevent the injury. For example, homeowners often take standard steps to secure their homes before a hurricane hits, like installing hurricane straps to keep their roofs secure. If such a step might have prevented the injury, and the homeowner knew that, then they may be liable for the injury.

Property Owners Are Liable for Securing Their Property for Hurricane Hermine

Because it was unlikely that Hurricane Hermine would have caused extreme winds in Georgia, the main concern was heavy winds and flooding. Because of the state of emergency, property owners were on notice that there may have been rising water in the counties the storm affected. If there are reasonable steps they can take to prevent their property from injuring someone during extreme weather, they have a responsibility to do so. For example, they should have moved outdoor furniture and other objects that may have floated away during a flood. They should have also unplug appliances and, if the state advises it, turned off their gas and electric at the main switch or valve. Steps like this would have not only prevented damage to the home, but also to other people.

Find A Lawyer

If an accident injures you while on the premises of a business, they may be liable to you for your injuries. To find out more, talk to an experienced premises liability lawyer today at Williams Elleby Howard & Easter in Cobb County.

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