Large-scale natural disasters, such as hurricanes, wreak tremendous havoc, causing billions of dollars in damages. Those who suffer serious damage may turn to their insurance providers or the tort system for compensation. But, both the tort and insurance systems present serious limitations to a hurricane victim’s recovery. This Note analyzes the goals and criticisms of these two systems to determine which compensates hurricane victims best. In light of its analysis, this Note ultimately concludes that neither system satisfactorily compensates victims. Yet, tort could play some role in hurricane-related damage. Tort law could effectively deter negligent behavior by imposing liability on those who negligently fail to prepare and prevent hurricane-related damage.
Kathleen A. Zink,
Should Neither Wind nor Rain nor Hurricane Keep Victims from Recovery? Examining the Tort and Insurance Systems’ Ability to Compensate Hurricane Victims,
83 Fordham L. Rev. 1621
Available at: http://ir.lawnet.fordham.edu/flr/vol83/iss3/14