E-Book Overview
Both law and weather affect us every day of our modern lives, yet most people do not know how the weather has affected developments in the law, nor are they aware of how the law has attempted to develop ways to affect the weather. When Nature Strikes is the first book to examine the various areas in which law and weather meet and affect each other. This one-of-a-kind work describes the law related to weather in the United States in the context of specific cases, legislation, and administrative legal action.For example, weather can be the means to commit a crime or the factor that turns an event from a terrible accident into a criminal act. Weather can be a defense against liability in both civil and criminal cases. People seek relief in court from the harm caused by weather events, whether a slip on the ice or the horrible devastation wrought by a deadly hurricane. Courts and the criminal justice system can be affected by weather events that prevent physical access to the courthouse or that destroy evidence. Through laws passed by Congress, U.S. weather services have evolved from simply weather recording into weather forecasting and warning systems. Federal patent law offers monopolies over inventions to encourage inventors to develop new devices that increase human safety in extreme weather or to improve methods such as cloud seeding or wind energy.
E-Book Content
When Nature Strikes: Weather Disasters and the Law
Marsha L. Baum
PRAEGER
When Nature Strikes
When Nature Strikes Weather Disasters and the Law Marsha L. Baum
Library of Congress Cataloging-in-Publication Data Baum, Marsha L. When nature strikes : weather disasters and the law / Marsha L. Baum. p. cm. Includes bibliographical references and index. ISBN 978–0–275–22129–4 (alk. paper) 1. Natural disasters—Law and legislation—United States. 2. Disaster relief—Law and legislation—United States. 3. Crime and weather. I. Title. KF3750.B38 2007 2007014271 344.7305 3492—dc22 British Library Cataloguing in Publication Data is available. c 2007 by Marsha L. Baum Copyright
All rights reserved. No portion of this book may be reproduced, by any process or technique, without the express written consent of the publisher. Library of Congress Catalog Card Number: 2007014271 ISBN-13: 978–0–275–22129–4 ISBN-10: 0–275–22129–6 First published in 2007 Praeger Publishers, 88 Post Road West, Westport, CT 06881 An imprint of Greenwood Publishing Group, Inc. www.praeger.com Printed in the United States of America
The paper used in this book complies with the Permanent Paper Standard issued by the National Information Standards Organization (Z39.48–1984). 10 9 8 7 6 5 4 3 2 1
To Richard Klingler and to our daughters, Elise and Amanda Klingler
Contents
Acknowledgments
ix
Introduction: Why Weather and Law
xi
1
Weather Forecasting and Warning Systems Recording Weather Data The Development of the National Weather Service Forecasting the Weather Warning Systems Conclusion
2
“Taming the Weather” through Science and Technology Incentives to Develop New Technology Attempts to Ignore the Weather’s Effects Attempts to Change the Weather Conclusion
17
3
Governmental Liability for Injury to Individuals Faulty Forecasts or Failure to Warn Streets, Highways, and Sidewalks Shelter from the Storm Conclusion
39
vii
1
Contents
4
Civil Liabilities for Weather-Related Harm Law and Civil Liability The Rugby Match: The Result Liability of Coaches for Athlete Deaths Liability for Faulty Forecasts Liability for Failure to Warn of Dangerous Weather Premises Liability Motor Vehicle Accidents and the Weather Weather as Excuse in Contracts Conclusion
61
5
Crime and