As the people and the businesses of the Virgin Islands seek to rebuild after the twin devastations of Hurricanes Irma and Maria, ambiguities in Virgin Islands law are hampering their ability to do so. The Home Depot on Saint Thomas – the island’s largest hardware store – reopened recently to long lines of customers who would wait for hours to find that tool or part that they’ve been needing since the storms devastated their homes and businesses.
The store, badly damaged itself, has now announced – to the shock of struggling residents -- that they have decided to take most of their pre-storm inventory to the island’s landfill. The large fenced-in back lot of the store is now packed with toilets, stoves, plywood, tile, and all manner of other products which are headed to the already-overcrowded Bovoni landfill. The Company made the decision to throw these useable products away instead of donating them or selling them at a reduced cost. According to a company spokesman, products that were exposed to water must be thrown away because mold could appear over time. In addition to these possible liability concerns, the spokesman cited insurance concerns, seemingly that the store could not take the reduced value on their insurance claim – and in order to receive compensation, they needed to throw away these products instead.
While some have suggested that this is a corporate failing, the real failure here is on the entities which write and enforce our laws. The Virgin Islands does have a Good Samaritan law, codified at Title 27, Section 42 of the VI Code, which provides immunity to anyone who “voluntarily and gratuitously renders emergency assistance to a person in need.” Courts must interpret these statutes by looking to the plain language and then to the intent of the Legislature. The Legislature could act to make the language plainer or their intent clearer. Any fear of criminal prosecution could be eliminated by a formal opinion letter from the Territory’s Attorney General. As for the insurance concerns, it is difficult to evaluate what is included in the ‘four corners’ of someone else’s insurance policy but it would be a simple and direct matter for the VI Legislature to include a provision in the local Insurance Code (Title 22 of the VI Code) that explicitly allowed for recoupment claims of such ‘damaged goods.’ Home Depot’s spokesman was quoted in the local newspaper as stating, “There really aren’t many options.”
The Legislature should make their intent clear that Home Depot would be immune from civil liability. The Attorney General should make it clear that such an act would not bring criminal liability. The Insurance Code in a hurricane zone should explicitly state that the loss in value in damaged goods may still be part of a claim even if someone else can make some use of them. There are always options. The legal community should push these options.
If you have questions about how the law might impact your business, contact our Office.