The Perfect Storm, an Imperfect Response, and a Sovereign Shield: Can Hurricane Katrina Victims Bring Negligence Claims Against the Government?

Abstract

It is not the purpose of this Comment to criticize the domestic political agendas of governmental bodies in the United States. A discussion of specific political reforms within the government's ranks that must transpire before a tragedy like Katrina occurs again is beyond the scope of this discussion. This Comment simply acknowledges that the people of New Orleans were harmed by governmental actions in the wake of Hurricane Katrina, and analyzes the potential for negligence claims to be brought against the responsible parties.

Part II analyzes the government's preparation and response efforts connected to Hurricane Katrina, and determines whether various roles and responsibilities were adequately fulfilled. Part III discusses the areas of the law relevant to bringing negligence claims against the government and how they have evolved to their current state. Part IV presents the hurdles which claimants will face in suits against the government, and discusses how courts can interpret ambiguous law to produce just results. Part V discusses the future implications of Katrina litigation, and offers justifications for spreading costs among American taxpayers. Part VI concludes by asserting the need for Katrina victims to be allowed their day in court.