Weather shows up in more cases than most attorneys expect. It may be the central issue, such as whether a storm produced hail at a roof, or a background fact that one side relies on without much thought, such as a witness describing “a sudden huge wave” or “a sheet of ice that came out of nowhere.” In both situations, a documented reconstruction of the weather can change the case.
Signs your case has a weather issue
- A party, witness, or police report attributes the incident to weather conditions
- Timing matters: when precipitation began or ended, when ice formed, when winds peaked
- Location matters, and the nearest official station is miles away or in different terrain
- The other side has already disclosed a meteorology opinion
- An insurance claim depends on a covered peril, date of loss, or wind versus water
- A contract includes weather days, force majeure, or act of God language
Why earlier is better
Most core weather records are archived permanently, but not all data is equally easy to retrieve later, and some specialized products require time to obtain and process. More importantly, an early read on the weather tells you whether the record supports your theory before you build pleadings, discovery, and deposition outlines around it. A short consulting engagement at the start of a case is often the least expensive weather work you will buy.
What a meteorologist can and cannot tell you
A forensic meteorologist can establish what conditions existed at a place and time, with a stated range of uncertainty, and what weather information was available to the people involved. A meteorologist generally should not opine on standards of care in other fields, engineering causation of structural damage, or what a specific person actually saw. The strongest weather testimony stays inside those boundaries.
Questions to ask before you retain
- What is your education and certification in meteorology, and what experience do you have with this specific type of weather?
- What data sources would you use, and can the other side obtain the same data?
- How will you handle the distance between the nearest station and the incident location?
- Have you testified for both plaintiffs and defendants?
- Can you give me a preliminary view before I commit to a full report?
- How do you express uncertainty in your conclusions?
Preparing for the first call
Have the date and approximate time, the precise location, the parties for a conflict check, a one-paragraph description of the weather question, and your key deadlines. With that, a meteorologist can usually tell you within one conversation what data exists and how strong it is likely to be.
By Dr. Robert Banks, Ph.D., forensic meteorologist and founder of Climaverse. This article is general information, not legal advice.