Superstorm Sandy has come to be known as a “once in a century” kind of storm that caused devastation to many unprepared people. With unique storms, come unique challenges. Most look to their flood and wind insurance to cover damages sustained in superstorms like Sandy. However, when insurance coverage is limited or unavailable or when you live in New York, a jurisdiction that is overly protective of insurance companies, storm victims have begun to look to others who may have been responsible for their loss.
Lawyers are assisting Sandy victims bring claims against management companies and condominium boards for negligence related to the failure to take reasonable precautions in light of the storm. Other lawsuits seek to hold building owners liable for breach of the warranty of habitability. Lawsuits of this nature are difficult because the law affords defendants in these types of claims with broad defenses such as the business judgment rule. The New York Law Journal has an article exploring the basis of these types of lawsuits and legal protections afforded the target defendants in these types of claims that is worth reading.