Judge Rejects Wrongful Death Suit Against Home Depot for Tornado Deaths

On May 22, 2011 a category EF5 tornado hit the town of Joplin, Missouri packing winds in excess of 200 miles per hour. The twister completely destroyed countless homes, cars, and businesses, including a Home Depot store. A woman whose husband and two children had sought shelter in the Home Depot, and subsequently perished in its destruction, filed suit against the company for wrongful death. Now, a federal judge has dismissed her lawsuit.

Home Depot Argues “Act of God”

In countering Edie Howard Housel’s wrongful-death case, the company claimed that the event was an “Act of God”, and that it is not liable for the deaths of those who were killed during the tornado, including the three victims named in the wrongful death suit.

Act of God

The legal principle “Act of God” refers to an event and its results that occur due to natural causes and could not have been prevented. In other words, an “Act of God” is considered to have been inevitable. The Joplin tornado packed such a tremendous punch that it literally toppled major sections of the Home Depot store’s walls, killing 8 people inside.

Courts have recognized various sudden natural catastrophes to have been Acts of GSod including earthquakes, tornadoes, and volcanic eruptions.

Suit Not Based On Facts

In his ruling on the case U.S. District Judge Douglas Harpool said that the plaintiff had not presented sufficient evidence to demonstrate that Home Depot had breached its duty, leading to the death of the plaintiff’s family members. He also added that the plaintiff’s inferences relied on speculation as opposed to a foundation based in facts.

One of the Most Powerful Twisters in U.S. History

The Joplin tornado was the most destructive twister in U.S. history, causing 161 deaths, over 16,000 insurance claims, and damages totaling at least $2.8 billion. At its peak it was nearly 1-mile-wide and left of mile long trail of destruction in its wake. The tornado, categorized as EF5, was among the strongest ever recorded and ranked at the top of the tornado strength rating scale.