Texas Hill Country Floods: What Property Owners Should Know
This past weekend, communities throughout Kerr County and the surrounding Texas Hill Country witnessed devastating flooding. As the Guadalupe River and surrounding waterways rose rapidly, emergency crews worked tirelessly to rescue those affected. Neighbors from across the region came together to assist one another. The loss and destruction in our region are heartbreaking, and our thoughts are with all families affected by this disaster.
In the aftermath of such events, questions often arise about accountability and legal remedies. People are asking whether local leaders and weather authorities failed to warn residents and visitors adequately. Below, we explain the legal landscape following major floods and what options property owners have for seeking compensation. Furthermore, we will explore whether the respective authorities bear any accountability.
Liability of Weather Authorities
It is understandable to wonder whether inadequate warnings or forecasts contributed to this tragedy. However, claims against agencies are almost certain to fail because of the legal doctrine known as force majeure or Act of God.
When flooding occurs with the suddenness and severity seen here, courts generally rule that no one can be held responsible for the uncontrollable forces of nature. Particularly, weather authorities enjoy broad, well-rounded legal protections, making successful claims against them extremely unlikely.
The Real Battle: Insurance Companies
Lawsuits against weather agencies and governmental organizations rarely succeed. However, the more common and pressing challenge for property owners is dealing with insurance companies after a disaster.
Following Hurricane Harvey in 2017, Texas saw nearly 670,000 property claims and billions of dollars in payouts. Unfortunately, many homeowners found their claims denied or significantly underpaid. Texans received even less for flood damage, which insurers often exclude from the standard homeowners’ policies.
Thousands of Texans ultimately filed lawsuits against insurers, pursuing damages for coverage disputes and alleging bad faith. These disputes typically hinged on whether wind (usually covered) or flood waters (often excluded without a separate policy) caused the damage. If your insurer denies your claim or offers you an unreasonably low settlement, you may have grounds to challenge their decision.
Government Accountability
There are some cases where government actions can contribute to flooding or amplify damage. For example, after Hurricane Harvey, property owners successfully sued the federal government over the release of water from Houston’s Addicks and Barker reservoirs. They argued that the releases of water amounted to a “taking” of private property under the Constitution. The victims received substantial damages in those cases.
More recently, the Texas Supreme Court affirmed that property owners can sue the state for flood damage when government projects or decisions contribute to property loss. This precedent has expanded the legal options available to victims of major storms.
How We Can Help
At The Johnson Law Firm, we are committed to standing with our neighbors during this challenging time. In addition to helping property owners navigate insurance disputes and pursue claims, our firm is proud to participate in the #HillCountryFloodRelief Challenge organized by the San Antonio Trial Lawyers Association. We are proud to support disaster assistance efforts for affected families in Kerr County and the surrounding Hill Country.
If your insurance claim has been denied, underpaid, or delayed, we are here to fight for the compensation you deserve. If you’d like to join us in supporting our community directly, we encourage you to contribute at the link below: https://crosskingdom.org/give/
