Houston Weather& Legal Rights After Hurricane Beryl, Derecho & Center

When Houston Weather Becomes a Legal Emergency: Understanding Your Rights After Storms, Power Outages, and Property Damage

Welcome back to Attorney 9-1-1, the podcast and resource where we break down complex issues into actionable legal advice for Texans. I’m Ralph Manginello, founder and managing attorney of Attorney911, The Manginello Law Firm, PLLC. In our latest episode, I sat down with Eric Berger of Space City Weather—a fellow Texas Longhorn and Houston’s most trusted meteorologist—to discuss everything from SpaceX’s groundbreaking rocket reusability to our region’s relentless hurricane history, the recent derecho, and the widespread power failures during Hurricane Beryl. This conversation wasn’t just about weather; it was about the predictable and unpredictable forces that disrupt lives, cause injuries, destroy property, and create legal emergencies for Houston families. At Attorney911, we’ve seen for 25+ years how natural disasters and utility company failures translate into real-world legal battles over insurance claims, personal injuries, and wrongful death. When the storm passes and the lights come back on, the legal aftermath is just beginning. If you’re dealing with injuries, denied insurance claims, or property damage from a recent weather event, call our legal emergency line at 1-888-ATTY-911. We’re your first responders to a legal crisis.

From SpaceX Innovation to Gulf Coast Devastation: Houston’s Unique Battlefield

Eric Berger’s expertise spans two frontiers: the final frontier of space and the volatile frontier of Gulf Coast weather. His books on SpaceX detail how Elon Musk’s company revolutionized spaceflight through rocket reusability—landing boosters and re-flying them, turning what was once disposable into a reusable asset. Here in Houston, we face a different kind of challenge: the recurring, devastating impact of hurricanes, floods, derechos, and freezes that destroy what we cannot easily replace—our homes, our health, and our livelihoods. While SpaceX captures rockets from mid-air, Houstonians are often left grasping for answers when their power, safety, and financial security are snatched away by storms and the corporate negligence that often follows.

As Eric noted, Hurricane Beryl, a Category 1 storm that made landfall 75 miles away, still knocked out power to about 90% of residents in the area. “If a similar storm were to hit Florida,” Berger observed, “I can guarantee you that their power outages would be significantly less widespread and of a lesser duration.” This stark comparison points directly to a systemic, legal problem in Texas: the lack of accountability and preparedness from regulated monopolies like CenterPoint Energy. When private companies charged with providing a public necessity fail in their duty, who holds them accountable? The answer, in our experience at Attorney911, is often aggressive legal action by those who have been harmed.

The Attorney911 Perspective: When Corporate Failure Follows Natural Disaster

For over two decades, our firm has represented Texans against powerful corporations and insurance companies that put profits before people. Our involvement in the BP Texas City explosion litigation—one of the few Texas firms on that case—taught us how to build cases against billion-dollar entities that cut corners on safety. That same tenacity applies when utility companies fail to properly maintain infrastructure, clear tree limbs from power lines, or prepare for foreseeable weather events. As Ralph Manginello, with 25+ years of experience and admission to the U.S. District Court for the Southern District of Texas, often tells clients: “A storm is an act of nature; the suffering that follows due to negligence is an act of corporate failure. That’s where the law provides a remedy.”

Dissecting the Triple Threat: Wind, Storm Surge, and Inland Rainfall

Eric Berger outlined the three primary vulnerabilities during a hurricane: wind, storm surge, and inland rainfall. Understanding these isn’t just about preparedness; it’s about understanding liability and insurance coverage when damage occurs.

1. Wind Damage: The Widespread Havoc

“The biggest concern I’ve always had with hurricanes is wind,” Berger said, “because that has the potential to cause the most widespread damage and create the most havoc long-term.” Wind damage from Beryl, primarily from downed trees and limbs, was the culprit for the catastrophic power outages. From a legal standpoint, wind damage triggers homeowners insurance claims. However, insurance companies frequently deploy “wind vs. water” arguments to deny claims, asserting flooding (often excluded) caused the damage, not wind. We’ve fought this battle for clients repeatedly. Having an attorney who understands the forensic engineering and can hire the right experts to prove wind causation is critical. As client Donald Wilcox discovered after another firm rejected his case: “I got a call from Manginello… I got a call to come pick up this handsome check.” Don’t let insurance adjusters play the “cause-of-loss” shell game with your claim.

2. Storm Surge: The Coastal Catastrophe

Storm surge primarily affects coastal communities and bay areas. This is typically covered by separate flood insurance policies through the National Flood Insurance Program (NFIP) or private insurers. These claims have strict deadlines and complex filing requirements. Missing a detail can result in a denial. Our team, including attorney Lupe Peña—a third-generation Texan with roots in King Ranch—meticulously manages these complex claims to ensure every “i” is dotted and “t” is crossed.

3. Inland Rainfall & Flooding: The Inland Threat

As Houston learned tragically from Tropical Storm Allison (2001) and Hurricane Harvey (2017), inland rainfall can be catastrophic. “Harvey… completely dwarfs [Allison] in terms of the magnitude,” Berger noted. Flooding raises issues beyond insurance. It can expose premises liability if property owners or municipalities failed to maintain adequate drainage or issued improper development permits. It can also lead to toxic exposure if industrial facilities are flooded, releasing chemicals. After Harvey, we consulted with numerous families facing not just property loss, but health issues from contaminated floodwaters. The statute of limitations for personal injury from such exposure is still two years from the date of discovery under Texas law (Texas Civil Practice & Remedies Code § 16.003). If you’ve been sickened, don’t wait.

If you’re facing a denied or underpaid claim for wind, surge, or flood damage, call 1-888-ATTY-911. Our insider knowledge from Lupe Peña’s years at a national insurance defense firm means we know how they value—and devalue—these claims.

The CenterPoint Energy Crisis: A Case Study in Corporate Negligence & Legal Recourse

The conversation with Eric Berger turned to the heart of Houston’s frustration: “How are they so unprepared?” referring to CenterPoint Energy. Berger pointed to a lack of regulatory accountability and a profit-driven model: “If you look at the amount of money CenterPoint was spending on [tree trimming] per customer compared to a lot of other electricity distributors, that was significantly less.”

The Legal Doctrine of Negligence Applied to Utilities

Utility companies like CenterPoint have a duty of care to reasonably maintain their infrastructure and prepare for foreseeable events. Hurricane season is foreseeable. The National Hurricane Center’s forecasts for Beryl were accurate days in advance. When a company fails to invest in basic maintenance like tree trimming—a known and obvious risk—and that failure leads to widespread harm, they may be liable for negligence. This isn’t about a guarantee of service; it’s about whether they acted as a reasonably prudent utility would. Compared to Florida’s utilities, evidence suggests CenterPoint did not.

What Harm Can You Sue For?

Extended power outages aren’t just an inconvenience. They cause:

• Property Damage: Spoiled food, medicine, and business inventory.
• Business Interruption: Lost income for restaurants, stores, and anyone who can’t work.
• Personal Injury: Injuries from falls in the dark, carbon monoxide poisoning from generators, or medical crises for those dependent on powered medical devices.
• Wrongful Death: The most tragic outcome when life-saving equipment fails.

Pursuing these claims against a massive, regulated utility is daunting. They have armies of lawyers. You need a firm with equivalent firepower and a proven track record. Attorney911 has taken on billion-dollar corporations in the BP explosion litigation. We are not intimidated by big opponents. As client Glenda Walker said, “They fought for me to get every dime I deserved.” If you suffered significant losses due to CenterPoint’s failure to prepare, contact us at 1-888-ATTY-911 to discuss your potential claim.

The Derecho of 2024: When a “Land Hurricane” Hits Houston

Before Beryl, Houston was rocked by a derecho—a widespread, long-lived wind storm associated with a fast-moving band of severe thunderstorms. “I’d never really given much thought to one occurring here,” Berger admitted. This event caused massive, sudden damage, ripping roofs off buildings, shattering windows, and causing countless car accidents from falling debris and zero visibility.

Legal Implications of Sudden, Severe Weather Events

A derecho creates a chain of liability. If a tree on your neighbor’s neglected property crashes through your roof, their homeowners insurance may be liable. If a sign or piece of construction material not properly secured flies into your car, causing an accident, the property owner or construction company could be responsible. The key is immediate investigation. Evidence disappears quickly. Photos, witness statements, and security footage must be preserved. Our team acts swiftly to secure evidence and identify all potentially liable parties, not just the obvious one. We’ve handled complex multi-party cases, like our multi-million dollar settlement for a logging brain injury case, where determining exactly who was responsible required deep investigation.

Houston’s Weather History: A Legal Pattern of Catastrophe

Berger recounted Houston’s brutal recent history: Allison (2001), Katrina/Rita (2005), Ike (2008), the 2011 drought, the Memorial Day/Tax Day floods (2015-16), Harvey (2017), Imelda (2019), the Valentine’s Freeze (2021), the 2024 derecho, and Beryl. This pattern means Texas courts are unfortunately well-versed in weather-related litigation. It also means insurance companies are highly skilled at denying these claims. You need an attorney who is equally skilled at overcoming their defenses.

The Winter Freeze & Utility Liability: A Recent Precedent

The 2021 freeze, which Berger mentioned, led to the catastrophic failure of the state’s power grid and thousands of burst pipes. That event spawned massive litigation against ERCOT and power generators. While sovereign immunity caps some claims, it established legal arguments around the duty to winterize infrastructure. These precedents can be used in future cases against utilities for failure to harden grids against hurricanes.

Looking Ahead: Drought, Mild Winters, and Your Legal Preparedness

Berger’s outlook for the rest of 2024 and early 2025 is for drier, milder conditions, with a concern for drought. While this may reduce immediate storm threats, it creates other risks. Drought can lead to soil shifting and foundation damage to homes. It increases wildfire risk. A “mild winter” can lead to complacency, but as Berger noted, the devastating 2021 freeze happened during a La Nina pattern that typically brings mild winters. The point is: be prepared legally, not just meteorologically.

Your Legal Preparedness Checklist

• Review Your Insurance Policies NOW: Know your deductibles, coverage limits, and exclusions for wind, flood, and water damage. Don’t wait until after a storm.
• Document Your Property: Take video walkthroughs of your home and business annually, showing the condition of your belongings.
• Understand the Statute of Limitations: In Texas, you generally have two years from the date of injury or property damage to file a lawsuit. For contract claims against your insurer, you may have longer, but don’t gamble.
• Have Our Number Saved: Program 1-888-ATTY-911 into your phone. In a legal emergency, time is evidence.

Why Attorney911 Is Houston’s Legal First Responder for Weather-Related Injuries

When disaster strikes, you need more than a lawyer; you need a legal emergency team with the experience, resources, and proven results to take on powerful adversaries. Here’s what sets us apart:

1. Insider Knowledge of Insurance Company Playbooks

Our firm’s critical advantage is attorney Lupe Peña. As Eric Berger analyzed CenterPoint’s motivations, Lupe can analyze your insurance adjuster’s. Lupe spent years at a national defense firm, learning firsthand how large insurance companies value claims, deploy delay tactics, use IME doctors, and lowball settlements. He used to calculate the numbers they hope you’ll accept. Now, he uses that knowledge to demand the full, fair value they don’t want to pay. This insider edge is invaluable.

2. A 25+ Year Track Record of Multi-Million Dollar Results

Ralph Manginello isn’t just a lawyer; he’s a seasoned litigator with federal court experience and a history of taking on complex cases. Our documented results include:

• Multi-million dollar settlement for a brain injury with vision loss from a logging accident.
• Multi-million dollar settlement for a car accident leading to a partial leg amputation after infection.
• Significant recoveries in maritime back injury and trucking wrongful death cases.

We apply this same relentless approach to weather-related injury and property damage cases.

3. We Prepare Every Case for Trial

As Berger said, forecasting has limits. In law, preparation has none. Insurance companies settle cases based on their assessment of your lawyer’s willingness and ability to win at trial. We prepare every case as if it’s going before a Houston jury. This reputation forces better settlements. As client Tracey White experienced: “She had received an offer but she told me to give her one more week because she knew she could get a better offer.”

4. Compassionate, Communicative Representation

Our 251+ Google reviews (4.9 stars) consistently praise our communication and care. Paralegal Leonor is mentioned over 80 times for her diligence and empathy. “You are FAMILY to them,” said client Chad Harris. When you’re recovering from an injury or trauma, you should feel supported, not stressed about your case.

If a Storm Has Injured You or Damaged Your Property, Call 1-888-ATTY-911 Now

The weather in Houston and across Texas is a force we respect but do not fear. Similarly, the legal system, insurance companies, and corporate defendants are adversaries we respect but are not intimidated by. With over two decades of experience, federal court admission, and a former insurance defense attorney on our team, Attorney911 is built for the complex legal battles that follow natural disasters.

Whether you’re dealing with:

• A denied or underpaid homeowners or flood insurance claim
• Injuries from a fall during a power outage
• Carbon monoxide poisoning from generator use
• An accident caused by downed trees or debris on the road
• Losses from a business interruption due to extended power failure
• Medical complications from a lack of power for life-saving equipment

…you have legal rights. The clock is ticking on your ability to take action. Evidence disappears, memories fade, and the two-year statute of limitations is absolute.

Call our legal emergency line today at 1-888-ATTY-911 for a free, no-obligation consultation. We serve Houston, Austin, Beaumont, and all of Texas. Hablamos Español. Remember, we work on a contingency fee: We don’t get paid unless we win your case. You have nothing to lose and everything to recover. Let us be your first responders.

Frequently Asked Questions (FAQ): Weather Disasters & Texas Law

Q: My insurance company denied my claim for roof damage from hurricane winds, saying it was “pre-existing wear and tear.” What can I do?

A: This is a common tactic. Insurance companies will send their own adjusters or engineers who are incentivized to find reasons to deny. You have the right to hire an independent, licensed engineer or contractor to assess the damage. An experienced personal injury attorney like those at Attorney911 can connect you with reputable experts and handle the bad-faith negotiations or litigation. We recently forced a significant settlement for a client whose back injury was blamed on “pre-existing conditions” until our medical experts proved otherwise.

Q: A tree from my neighbor’s yard fell on my house during the storm. Is he liable?

A: Potentially, yes. Under Texas premises liability law, a property owner has a duty to maintain their property in a reasonably safe condition. If your neighbor knew or should have known the tree was dead, diseased, or otherwise a hazard (e.g., they had been warned about it), and they failed to take reasonable steps to address it, they could be held negligent. Your first call should be to your own homeowner’s insurance. They may pay the claim and then pursue your neighbor’s insurance (subrogation). However, if there is a dispute, you should consult an attorney immediately.

Q: I lost power for a week, and all the food in my refrigerator and freezer spoiled. Can I sue CenterPoint?

A: While individual spoilage claims may be small, a class action lawsuit is a possibility for widespread losses. More importantly, if the outage caused greater harm—like a medical emergency or business interruption—you may have a substantial individual claim. The legal question is whether CenterPoint failed to meet its duty of care (e.g., negligent tree trimming). Discuss your specific losses with an attorney to evaluate your options.

Q: I was injured in a car accident during the derecho when visibility was near zero. The other driver says it was an “act of God.” Am I out of luck?

A: No. Texas drivers have a duty to operate their vehicles with due care given the conditions. If visibility is poor, the duty is to slow down or pull over safely. If the other driver was speeding or driving recklessly for the conditions, they can still be held liable for your injuries. The “act of God” defense is often overused. Call 1-888-ATTY-911; we’ll investigate the accident report, weather data, and witness statements to build your case.

Q: How long do I have to file a lawsuit for injuries from a weather-related accident?

A: In Texas, the statute of limitations for personal injury is generally two years from the date of the accident (Texas Civil Practice & Remedies Code § 16.003). For property damage, it’s also two years. However, there can be exceptions, and the clock starts ticking the day of the incident. Do not wait. Contact an attorney as soon as possible to preserve evidence and protect your rights.

Q: Why should I choose Attorney911 over other firms advertising after a storm?

A: Many firms are “settlement mills” that volume-process claims for quick, low settlements. Attorney911, led by Ralph Manginello, tries cases. Our firm includes a former insurance defense attorney (Lupe Peña) who knows the other side’s strategies. We have 25+ years of results, including multi-million dollar settlements and complex litigation like the BP explosion case. We are locally based in Houston, with deep Texas roots, and our 4.9-star Google reviews from 251+ clients speak to our commitment to communication and results. As Houston’s own Trae Tha Truth has recommended, you know you’re in good hands.

Frequently Asked Questions

My insurance company denied my claim for roof damage from hurricane winds, saying it was “pre-existing wear and tear.” What can I do?

This is a common insurance tactic. You have the right to an independent assessment. Attorney911 can connect you with reputable experts and handle bad-faith negotiations or litigation, just as we’ve done in cases where insurers wrongly blamed pre-existing conditions for injuries.

A tree from my neighbor’s yard fell on my house during the storm. Is he liable?

Potentially, yes. Under Texas premises liability law, if your neighbor knew or should have known the tree was a hazard and failed to address it, they could be negligent. Your homeowner’s insurance may handle it initially, but consult an attorney if disputes arise.

I lost power for a week and all my food spoiled. Can I sue CenterPoint?

While individual spoilage claims may be small, class actions or individual claims for greater harms (medical emergencies, business loss) are possible if CenterPoint failed its duty of care. Discuss your specific losses with an attorney at 1-888-ATTY-911.

I was in a car accident during the derecho with near-zero visibility. The other driver says it was an “act of God.” Am I out of luck?

No. Texas drivers must drive with care given the conditions. If the other driver was speeding or reckless for the weather, they can be liable. We investigate accident reports, weather data, and witness statements to build your case.

How long do I have to file a lawsuit for injuries from a weather-related accident?

Generally, two years from the date of the accident in Texas (Texas Civil Practice & Remedies Code § 16.003). Do not wait; contact an attorney immediately to preserve evidence and protect your rights.

Why should I choose Attorney911 over other firms advertising after a storm?

Attorney911 tries cases, doesn’t just settle. We have a former insurance defense attorney who knows the other side’s playbook, 25+ years of multi-million dollar results, and a 4.9-star rating from 251+ Houston clients. We’re local, prepared, and fight for every dime you deserve.