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Who's responsible for mother nature

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    Tamara Holder and Kelly Saindon weigh in on monster storm Sandy’s legal impact

  • Duration 8:08
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This really begs the question.

Aren't you don't construction companies and and and certain organizations responsible.

For something that happens as an act of mother nature we want to bring into lawyers now.

On Tamara holder or camera holder I'm sorry.

Who's joining us she's a criminal defense attorney and Fox News contributor.

And she's in our Denver bureau and Kelly -- in a defense attorney joining us from Chicago.

Hello to both of you.

-- -- -- camera I wanna start with you first and we're talking about this -- this construction company said that that the crane was secure.

And inspections were made of the crane.

Had this thing fallen god forbid an injured people how much is that company in charge of the construction of -- high rise responsible for damages.

Well yeah it's definitely bouncing task because you have on one hand and inspection that did take place before hand.

But on the other hand this company had had had had complaints filed against.

Months before numerous complaints so what it was there criminal liability possibly there could be criminal lawsuit like there was.

I and other hurricane situations and -- when their damages also.

That Parker meridian hotel which is right on the street had to evacuate 900 casts so maybe the Parker -- and goes after them just because.

This possible on you know.

Problem if you off.

-- and I wanna talk a little bit of bouts you know.

That would personal protection because -- I saw a lot of images on social media and the like.

Where you know frankly.

People had left tires in their yard and and there were trampoline -- and you know obviously -- ninety mile per hour winds blow through a neighborhood and it's throwing debris all around.

How much is a home -- responsible for not maybe securing all of the property and the things like that it in there in their yard.

Can we talk a little bit about that -- Sure you know it is a case by case analysis this was definitely an active -- and so lots of insurance companies aren't gonna cover damage from 95 mile per hour winds.

And last they have a writer for hurricane type coverage which is very unlikely on the eastern seaboard and that they would -- seaboard -- -- that they would have that.

But depending on whether or not there was negligence involved if he knew there was a storm coming abandon ship and you didn't try to attack anything down you're gonna be on the hook if you damage something.

If personality if you did your best effort to secure things and left for safety you know it's gonna be awaiting test of sorts.

Were you negligent or did you do everything within your power to make sure that your items -- -- here.

And it was unforced seen how severe the weather wise because there's gonna be a lot of debris that just from.

The weather as we know lots of people have died from falling trees.

An issue is going to be.

From the trees falling where the property -- realize what is the Sri owner did they know that that tree wouldn't withstand bad -- there should they have had to cut down.

Some of those are gonna be lawsuits as well and some of them are gonna say.

There's no way we didn't see it coming.

And there's no -- is still unfortunately.

Kelly my -- hello kids bicycle Kelly my little kids bicycle blows out of my yard through my neighbors picture window.

How how responsible MI for that though I mean and who makes those kinds of decisions -- -- you say that there are -- number of variables but who would make that kind of decision.

Well the first thing that would happen is if it's you're a urine your bicycle you would -- your insurance company.

And your neighbors going to call their insurance company.

And both.

Companies are gonna look at and say you're gonna say not my -- the wind picked it up the neighbors gonna say put your bike a way it should about a year or I did it flew over our.

And the insurance companies are gonna go out they're gonna send adjusters and they're gonna look at it.

Because this is a unique situation because this is a storm of such magnitude if people hadn't seen before.

Depending on who if anyone has coverage the first step would likely be some they called a declaratory judgment action.

And you'll be in court to set deciding whether those insurance policies actually cover that incident.

And then if you get that far your neighbor would likely go after -- And here insurance company is either gonna say okay will pick it up or no you are personally responsible and then it's would be up to a judge or jury -- -- What does that reasonable view to leave that out and could -- -- -- -- -- -- gonna happen pretty having your ride your garage ripped away and hey -- it happens sorry Tierney -- -- camera I wanna ask you about.

-- -- are about life.

Because we're talking about property and the like here but there was an incident that you've read about in New York City.

-- hospital the New York University Tisch hospital that said you know it was prepared it had generators that.

You know power was not going to go out will suddenly transformers blew the next thing you know they're having to evacuate some 200 patients.

Including twenty babies from a neonatal intensive care units.

You you know god forbid something would have happened to one of these patients and one of them would have died but how responsible.

Would and the hospital itself be.

If something happened or other still care facilities for example in in an area like this -- experiences a hurricane like a nursing home or something like that.

How to what degree is the facility responsible for taking care.

Of loss of life.

-- don't really think it's the hospital that we would be looking at in this type situation now of course is Kelly mention in the end the the property.

If there's if there's negligence but really I think what the issue is in this situation is beyond the reliance on the generators and the other types of power that was being provided.

There is a recent case in Cincinnati where.

There were there was nine million dollars or something -- because they relied on six generators that went down.

So is this a product liability case where they were relying on generators and the generators failed.

If that's the case the insurance companies are going to -- offer the product maker of this generator company.

And then that's really -- or you -- the issue is but not necessarily the hospital because they did everything they could.

They evacuated and it went over respond Kettering and found and found -- -- care.

Kelly good grades and -- from one yeah ASEAN now.

There there -- a potential product liability case there but it's a generator again is overworked they were never built to handle storm like this if they if they go out.

Issue is ultimately if I'm a patient in a hospital if anyone in my family and when your family.

Yes they -- at the end of the day -- responsible so it isn't weighing factor of negligence.

It's the same as providing they care and you could to take it in front of -- -- and they're gonna say they do everything they had a back up generator was this reasonably foreseeable.

However.

If somebody were to die in -- transport and again thankfully that hasn't happened and yeah -- well you know what they could have done many things differently they -- triage that situation differently they could have transported back particular great patient.

More quickly attended to them differently so the hospital is exposed because anyone that has a worsening degree right now illness based on the transport.

They're going to be -- there's going to be a lawsuit at least one mark my words.

And what's going to come down to did they do everything they could did they make the right calls in this time of crisis -- they try to protect themselves having a backup generator is great.

And and -- there could be a malfunction with the generator to look at but ultimately you trust that the hospitals going to have functioning equipment.

And if somebody ends up worse for -- where they will likely get sued.

Yeah you know it's very interesting because there are two very clear sides to this and it's sad that.

You know that it takes lawsuits and things like that no offense ladies being attorneys but you know I mean this is a time right now people are trying to pull together and clear up -- All of their lives and pick up the pieces but then you also start -- -- having the blame game going on a little bit.

And I guess that's just human nature I suppose.

-- holder and -- sand and think you guys so much for taking time out to talk to us today and join us on Fox News.

Dot com life.

They had me doing a great --

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