Federal appeals court upholds sailboat owner’s “Act of God” defense

The Fifth Circuit Court of Appeals in New Orleans recently ruled in favor of an absentee sailboat owner whose boat broke loose during Hurricane Katrina and damaged property. The case facts showed that two neighbors were asked by the owner to secure her sailboat. When Katrina approached, the neighbors helped to secure the vessel. The boat broke loose of its moorings and caused damage to property belonging to a different neighbor, who filed a suit for the damage against the owner. The owner in turn used an "Act of God" defense and prevailed in the District Court's summary judgment. The Fifth Circuit upheld the decision by finding the owner's actions completely reasonable, that the storm surge was in fact an Act of God.

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Source: Hawaii Ocean Law.com