The late-September nor'easter pushed floodwater into Monmouth County shore communities, knocked out power to tens of thousands of New Jersey customers, and brought down trees and wires across the region. Severe weather can cause damage that no one could reasonably prevent. But an injury after a storm is not automatically an "act of God." Liability can depend on whether someone acted unreasonably before, during or after the storm.
What the Storm Left Behind
Governor Mikie Sherrill declared a State of Emergency in eight counties - Atlantic, Burlington, Cape May, Cumberland, Middlesex, Monmouth, Ocean and Salem - effective at 5 p.m. on Friday, September 25.
By Sunday, coastal and tidal flooding had affected streets in Sea Bright, Monmouth Beach and Long Branch. In Sea Bright, emergency crews rescued a woman and her dog from a vehicle trapped in floodwater, and other motorists also needed rescue. Monmouth County officials reported a voluntary evacuation in low-lying parts of Manasquan.
Across the region, the most serious falling-tree reports came from New York City. In Brooklyn, a falling tree killed a man, and a separate incident injured four people.
As conditions improve and cleanup begins, the days after a storm can bring their own risks: weakened trees, debris-covered walkways, damaged stairs and railings, downed wires, and roads that remain partly flooded.
"Act of God" Is Not the End of the Question
A storm by itself does not make anyone legally responsible for an injury. New Jersey law looks at the surrounding circumstances, including whether someone acted reasonably and whether the injury could have been prevented through reasonable care. Extraordinary natural forces can matter to the analysis, but they do not automatically excuse negligence that contributes to an injury.
Falling Trees and Limbs
Under New Jersey law, liability for a falling tree or limb can depend on whether the property owner knew or reasonably should have known that the tree presented a dangerous condition, including what a reasonable inspection would have revealed under the circumstances, and failed to take reasonable steps to address it.
A healthy tree suddenly toppled by extraordinary wind presents a different liability question from a tree that had been visibly dead, decayed, hollow, unstable or worsening before the storm.
Facts that may be relevant to notice can include:
Dead or leafless branches, or limbs that had already been dropping
Cracks, cavities or hollow sections in the trunk
Fungus or rot at the base, or exposed and damaged roots
A noticeable lean or instability that had been worsening
Earlier complaints from neighbors, tenants or others about the tree
If a tree injured you or a family member, photograph the trunk, the break, the stump and the surrounding area before debris is removed, if it is safe to do so. Emails, texts, maintenance records or prior complaints about the tree can also be important evidence.
Trees on public property raise additional issues under the New Jersey Tort Claims Act. A claimant generally must establish a dangerous condition of public property, causation and a reasonably foreseeable risk of injury, and show either that a public employee created the dangerous condition or that the public entity had actual or constructive notice in time to take protective measures. The entity's action or inaction must also meet the Act's demanding "palpably unreasonable" standard, and statutory immunities may apply.
A notice of claim against a New Jersey public entity generally must be filed within 90 days of the claim's accrual. Limited procedures may allow a late notice under strict conditions, but waiting can jeopardize a claim. Our guide to injury-claim deadlines in New Jersey explains why early review matters.
Flooded Roads and Storm Crashes
New Jersey law requires drivers to use due caution and circumspection and to reduce their speed appropriately when weather or highway conditions create special hazards. Rain, wind, poor visibility and standing water all affect what reasonable driving requires.
Bad weather does not automatically excuse a collision. Whether a driver acted negligently depends on the circumstances, including speed, visibility, warnings, road conditions and the driver's choices. A passenger injured because a driver unreasonably entered floodwater or otherwise drove carelessly in storm conditions may have a claim, depending on the facts.
Officials repeated the familiar warning: "Turn around, don't drown." The National Weather Service warns that about 12 inches of rushing water can carry away most cars, and the condition of the road beneath floodwater may be impossible to see.
New Jersey PIP generally provides medical-expense benefits without regard to who caused the crash, although some insureds elect health insurance as the primary payer for auto-related medical expenses. Our article on New Jersey's no-fault system explains how PIP can work alongside a potential claim against an at-fault driver.
Downed Power Lines
Treat every downed wire as live. Stay well away, keep others away, and call 911 and the utility company. Do not touch a person, vehicle, tree or object that may be in contact with a live wire.
Injuries involving power lines - whether from direct contact, a crash caused by a fallen pole or line, or conditions during restoration work - can raise questions about maintenance, notice, emergency response and the conduct of contractors or utilities. Those claims are highly fact-specific, and early evidence can matter.
Slip-and-Falls and Property Hazards After the Storm
Businesses owe customers a duty of reasonable care. When rainwater, mud, branches or other storm debris creates a dangerous condition, liability can depend on whether the business created the hazard or knew, or reasonably should have known, about it and had a reasonable opportunity to address it or provide an adequate warning.
Reasonable precautions can include measures such as inspecting entrances, using mats, cleaning wet areas, removing debris and warning customers when a hazard cannot be corrected immediately. What is reasonable depends on the circumstances, including the severity and timing of the weather.
For tenants, storm damage can leave stairs, railings, walkways, ceilings and common areas in dangerous condition. A landlord's responsibility can depend on control of the area and whether the landlord knew or reasonably should have known of the hazard and had a reasonable opportunity to address it. If you rent, report storm damage in writing and keep a copy. Learn more about slip-and-fall accidents and premises liability.
Cleanup and Contractor Injuries
Tree removal, debris hauling and roof repairs can be among the most dangerous parts of storm cleanup. If a contractor's negligent work injures a homeowner, neighbor, pedestrian or other person, the contractor or another responsible party may be liable depending on the facts.
If you were injured while working during storm cleanup, you may have a workers' compensation claim. A separate third-party claim may also be possible if a person or company other than your employer was negligent. See our page on workplace injuries.
Steps to Take If You Were Hurt
Get medical care promptly and follow the treatment plan your providers recommend.
If it is safe, photograph the hazard before it is cleaned up or repaired - for example, the tree and stump, floodwater, damaged step, debris or wet floor.
Identify who owns, manages or controls the property or equipment involved, and collect the names and contact information of available witnesses.
Ask for a police, incident or accident report when appropriate, and keep the report number or a copy.
Save messages, emails, complaints, photographs or other records that may show what someone knew about the hazard before the storm.
If a public entity or public property may be involved, seek legal advice promptly because a notice of claim generally must be filed within 90 days.
Talk to Pinnacle Injury Law
If you or a family member was injured by a falling tree, a storm-related crash or a dangerous condition left behind after the nor'easter, Pinnacle Injury Law can review what happened and whether another person, business or public entity may bear legal responsibility.
From our offices in Middletown and Jersey City, we represent injured people in Monmouth County's shore communities and across New Jersey. Case reviews are free, and there is no attorney's fee unless we obtain a recovery for you.
Request a free case review or call 1 (800) 434-3799.
This article provides general information about New Jersey law and is not legal advice.
