Weather Forecasting Liability

Storm Sue-rge

In an effort to enforce responsibilities for professional services, like investment counselors, that promise outcomes based on performance, weather forecasters are now in the crosshairs.  As lawyers once targeted the medical profession and then turned on themselves for big payout malpractice lawsuits, broadcast weather forecasters are now considered” fiduciary consultants” for their television audience per a new court ruling.  While financial consultants have protected themselves with forward-looking statement disclaimers, a weather forecaster’s observations and predictions can now carry liability for not advising accurately about selecting the right coat to wear, bringing an umbrella, holding a party outdoors or storm-boarding up a home. 

The Weather Forecasting Support Group has commented negatively on the court ruling as it will lead to ambiguous, protect-your-ass forecasts that are less accurate than current inaccuracy.  The liability penalties are stiffer for missing a large snowstorm blizzard, a larger rainstorm triggering flooding and cancelled beach days.  

The liability insurance industry however has developed a whole marketing strategy for approaching the weather forecasters with their risk management in being wrong and not taking any responsibility on the day after a forecast.