Act of God in Florida Law
An act of God (also called vis major or force majeure) is an extraordinary natural event beyond human control or prediction that causes damage or prevents performance of an obligation. In Florida, where hurricanes, flooding, and sinkholes are recurring realities, the act of God doctrine has particular practical significance.
Contract Defense
Florida recognizes an act of God as a defense to breach of contract when the event makes performance genuinely impossible. Construction contracts, commercial leases, and purchase agreements in Florida frequently include force majeure clauses that specify which natural events excuse performance and what notice the affected party must provide. Courts interpret these clauses strictly; a general force majeure provision may not cover events that are foreseeable in Florida, such as tropical storms during hurricane season.
Tort and Insurance Implications
In negligence cases, a defendant may argue that injuries resulted from an act of God rather than from any breach of duty. Florida courts examine whether the event was foreseeable and whether the defendant took reasonable precautions. For insurance purposes, most Florida property policies cover wind and storm damage, but flood insurance and sinkhole coverage require separate policies or endorsements with specific statutory requirements.
Related Terms
- Force Majeure
- Impossibility of Performance
- Negligence
Barnes Walker Litigation
Barnes Walker's litigation attorneys handle contract disputes and insurance matters arising from natural disasters in Southwest Florida. Contact us if a natural event has affected your legal obligations.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC