Who’s Liable for Tourist Injuries During Island Evacuations?

 Posted on October 16, 2025 in Personal Injury

On average, the U.S. Virgin Islands face a major storm every four to six years. A direct hurricane hit happens about every eight years. Nearby hurricanes pass the islands roughly every three years and often cause some damage. These are just averages. In September 2017, two Category 5 hurricanes — Irma and Maria — hit the islands only weeks apart.

The Atlantic hurricane season runs from June 1 to November 30. The worst storms usually happen in August and September. When a hurricane or tropical storm hits the Virgin Islands, resorts, tour companies, and ferry operators rush to move people to safety. During this chaos, people can get hurt. Slippery stairs, falling debris, overcrowded ferries, or poor warnings can all lead to injuries.

Who is responsible for these injuries? Understanding how the law works during a declared disaster is important. Visitors need to know who owed them a duty of care and whether that duty was broken. A skilled St. Croix personal injury lawyer can explain your rights, gather evidence, and help you build your case. Your attorney will work to protect your health, your finances, and your future.

How Do Injuries Happen During a Hurricane or Tropical Storm?

The Virgin Islands Emergency Management Act (Title 23, Chapter 10) authorizes official evacuation orders. It also details the responsibilities of tour operators, hotels, and ferries during an emergency while establishing government immunity for certain official acts – but not for private negligence.

Some scenarios in an evacuation situation that could lead to tourist and visitor injuries include:

• Injuries from falling debris due to high-speed winds

• Injuries due to storm surges and flooding

• Traffic accidents when evacuation routes are congested and there is poor visibility, debris, and a lack of traffic control

• Increased likelihood of landslides and blocked evacuation routes due to the steep island terrain combined with heavy rainfall

• Overcrowded public shelters that are not designed to withstand high winds or other hazards

• Damaged infrastructure, including roads and bridges, that makes it difficult to reach safety

• Dehydration, disease, and other health issues caused by a lack of potable water or electricity

• Crush injuries during hasty hotel evacuations

• Injuries on boats or ferries that rock violently or capsize while attempting to evacuate by sea

Types of Claims, the Act of God Defense, and Proving Liability

If a resort fails to secure furniture, glass, or roofs prior to a storm, a premises liability claim could be warranted. If poor communication or unsafe routes lead to preventable injury, negligent evacuation could be argued. Transportation negligence can occur when ferry or shuttle operators ignore weather warnings or overload passengers. Failure to warn claims can occur when guests are not informed about evacuation plans or imminent danger. Tourists who are traumatized by a mishandled evacuation may also claim emotional distress.

Property owners often argue that a storm was an unavoidable "Act of God." But the law separates natural disasters from human mistakes that make danger worse. If a hotel, tour guide, ferry, or boat operator fails to follow hurricane safety rules, they can lose that defense.

A strong personal injury case needs solid proof. This can include evacuation plans, weather alerts, maintenance records, staff instructions, and Coast Guard reports. These details show what really happened and who was at fault.

Contact a U.S. Virgin Islands Tourist Injury Attorney

If you were injured during a storm evacuation or transport emergency in the U.S. Virgin Islands, you may have a valid claim against a ferry or boat operator, tour company, or resort. A highly skilled St. Croix personal injury lawyer from Colianni & Leonard LLC can help you sort out liability under local and federal law, preserve crucial evidence, and pursue equitable compensation on your behalf. Call 340-719-1766 to schedule your free consultation.