BAD WEATHER THEN SUE THE WEATHERMAN!

BAD WEATHER THEN SUE THE WEATHERMAN! Weather forecasts have become demonstrably more accurate in recent decades due to increasingly sophisticated computer technology and models. Yet scientists cannot predict the future with 100 certainty. Relying on inaccurate or inadequate forecasts can result in great financial or even bodily harm. In such situations, what liability, if any, arises under the U.S. legal system?This article is the first of a two-part review. Part I discusses several court decisions resolving law-suits against the federal or state government based on inaccurate or inadequate weather-related forecasts or failure to issue weather warnings that led to injury or loss. In general, most claims against the federal government based on weather forecasting or failure to warn about weather conditions have been (and likely will continue to be) resolved in favor of the government on the basis of immunity under the Federal Tort Claims Act (FTCA). State government immunity will depend on the provisions of a state's immunity statute and how the state interprets its immunity statute. Part II of the review will address claims against private sector weather forecasters. These articles aim to familiarize the reader with some of the legal issues involved when forecasts are the subject of a lawsuit, rather than provide a comprehensive, law-review-style legal analysis. The authors conclude with some forecasts of their own about liability for weather forecasters. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Bulletin of the American Meteorological Society American Meteorological Society

BAD WEATHER THEN SUE THE WEATHERMAN!

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Publisher
American Meteorological Society
Copyright
Copyright © American Meteorological Society
ISSN
1520-0477
D.O.I.
10.1175/BAMS-83-12-1791
Publisher site
See Article on Publisher Site

Abstract

Weather forecasts have become demonstrably more accurate in recent decades due to increasingly sophisticated computer technology and models. Yet scientists cannot predict the future with 100 certainty. Relying on inaccurate or inadequate forecasts can result in great financial or even bodily harm. In such situations, what liability, if any, arises under the U.S. legal system?This article is the first of a two-part review. Part I discusses several court decisions resolving law-suits against the federal or state government based on inaccurate or inadequate weather-related forecasts or failure to issue weather warnings that led to injury or loss. In general, most claims against the federal government based on weather forecasting or failure to warn about weather conditions have been (and likely will continue to be) resolved in favor of the government on the basis of immunity under the Federal Tort Claims Act (FTCA). State government immunity will depend on the provisions of a state's immunity statute and how the state interprets its immunity statute. Part II of the review will address claims against private sector weather forecasters. These articles aim to familiarize the reader with some of the legal issues involved when forecasts are the subject of a lawsuit, rather than provide a comprehensive, law-review-style legal analysis. The authors conclude with some forecasts of their own about liability for weather forecasters.

Journal

Bulletin of the American Meteorological SocietyAmerican Meteorological Society

Published: Dec 28, 2002

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