Natural Disasters and Government Torts: Immunity for Delictual Injury After Disaster Damage

Abstract

Katrina, Rita, Gustav, and Isaac are not just names in Louisiana; they represent life-changing natural disasters. From these storms to the recent catastrophic flooding around Baton Rouge and south Louisiana in the summer of 2016, natural disasters have caused billions of dollars in losses for Louisiana residents. These financial losses, staggering as they are, do not compare to the tragic loss of lives in these disasters, often disproportionately affecting the poor, elderly, and infirm. While the disaster itself and its accompanying winds, rains, and flood waters are often to blame for these losses and damages, the influx of disaster relief from volunteers, local and state government agencies, and federal actors inevitably brings with it claims for delictual injuries.