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Saura   25 May 2021

Suit for damages

A week ago we were hit by the cyclone Tautae which caused a considerable amount of damage. So what happened is, a tree belonging to us fell on the roof of our neighbors and caused damage. So can my neighbors sue us even though it was due to a natural disaster? will we be liable to pay the damages? 



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 8 Replies

Sankaranarayanan (Advocate)     25 May 2021

Better to solve the issues amicably if your neighbor initiate any legal proceedings 


(Guest)

Hey,

Purely based on these facts, they won't be able to since it is an act of god. If they do, then you can contest the same in the court, which would involve some expenses and also time in the court.

Nirali Nayak   26 May 2021

In a case like this, you can take the defence of Act of God. When any natural calamity like earth quake, flood, cyclone etc affects a person without any human intervention and such act could not have been prevented by a reasonable foresight or care, then it comes under the clause of act of God. Therefore as the tree fell on your neighbour's house as a result of cyclone and high speed of the winds and it was not in your hands to control the speed from blowing the tree, this will fall under Act of God. This wind caused damage will be covered by the homeowners insurance. In such a case, the neighbour must not sue you, but even if they did you can take the defence of Act of God. Therefore you will not be liable to pay the price for their damage. It will be covered by your neighbour only. 

G.L.N. Prasad (Retired employee.)     26 May 2021

In such cases explore whether there is the eligibility of claiming such expenditure from the relief measures through such National Disaster Assistance.

M V Gupta (Advocate)     26 May 2021

Ageree withExperts opinion. Your neighbor cannot claim damages from you.

T. Kalaiselvan, Advocate (Advocate)     26 May 2021

You cannot be held liable for this act of God.

This would fall under national disaster, hence no claim by your neighbor in this regard would be entertained by court of law owing to the reasons of natural calamities. 

P. Venu (Advocate)     26 May 2021

Act of God could certainly be ground of defence. The defence need not succeed if there has been gross negligence on your part.

Dr J C Vashista (Advocate)     28 May 2021

Originally posted by : Saura
A week ago we were hit by the cyclone Tautae which caused a considerable amount of damage. So what happened is, a tree belonging to us fell on the roof of our neighbors and caused damage. So can my neighbors sue us even though it was due to a natural disaster? will we be liable to pay the damages? 

It is an act of God, for which you do not have any control vis-a-vis liability for compensation of damage.


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