Can You Sue a Superhero for Damages, Part 2: How to Recover from Property Damage and Personal Injury

Don’t Miss Part 1: Who’s Paying for This

In Can You Sue a Superhero for Damages, Part 1: Who’s Paying for This, we explored the amount of damage a superhero battle could potentially incur, who is really at fault for damages and injuries to citizens and businesses when superheroes fight supervillains, whether or not superheroes are protected under Good Samaritan laws, and what insurance might cover if you were injured or suffered damages from a superhero fight. This article will explore how to recover from such damages, no matter who is at fault.

In The Article

How Do Victims Recover After Superhero Battles?

Recovering from damages after something as catastrophic as a superhero battle would probably be difficult, and it’s hard to say if anyone would fully recover financially, especially if the insurance policy doesn’t have you covered (as discussed in the first part of this series). However, in fictional universes that try to closely connect to reality, there could be a few ways victims of superhero battles could recover from property damage and physical injury.

Underinsured Motorist or Uninsured Motorist Insurance Could Help

Personal injury lawyers might recommend using Uninsured Motorist (UM) or Underinsured Motorist (UIM) insurance to help cover medical costs, property damage, and other losses. UM and UIM policies could be a way for personal injury attorneys to help victims get as much compensation as possible after catastrophic loss from superhero battles.

Relief Funds and Victims Funds

One of the ways several superhero franchises address collateral victims is having the richer of the superheroes create victims’ funds to help support those affected by villains or superhero battles. These funds are often brushed over to make it seem like those affected are made whole rather quickly. However, even a billionaire playboy could not cover the hundreds of billions or even trillions in damage that a single superhero battle could incur.

Villain Accountability

While it’s rare a billionaire super villain is actually caught and imprisoned, investigations could produce fines or orders of restitution. While an order of restitution is generally seen in financial criminal trials, it could be a good way to drain billionaire villains of their means of villainy while helping victims. However, an order of restitution would only consider financial losses, and non-economic damages wouldn’t be considered.

If, by chance a billionaire super villain is found guilty of crimes, personal injury lawsuits could prove fruitful for victims.

Superhero Accountability

While we covered superhero fault in the previous article, it’s important to note that in order to hold anyone liable for damages incurred in a superhero battle, laws would need to change, and new laws would need to come into play as new precedents will occur with nearly every battle.

We see this in Captain America: Civil War when the Sokovia Accords are introduced. However, given the fact that the Sokovia Accords literally start a war among superheroes, questions arise as to whether the accords are constitutional and if they can even help reduce damages or help victims recover from damages.

Would the Sokovia Accords Reduce Damages?

It took 13 Marvel Cinematic Universe (MCU) movies to get the world to pay attention to the destruction that superheroes cause. Okay, there may have been a few rapid-fire street interview sequences that debated vigilante vs. hero, but world governments didn’t get together to discuss actual victims until Captain America: Civil War (2016).

In Captain America: Civil War, the Sokovia Accords come into play. The United Nations decides that they must control supes and decide where they go and why. Coming from the argument that the Avengers don’t respect sovereign borders, focus only on the villain their facing, and leave behind destruction, the Accords are meant to rein in “enhanced individuals” who some deem vigilantes.

Though there are several issues with the Sokovia Accords, they are designed to keep citizens of every country safe in occurrences of supe interference (or destruction). Should the Accords be passed, enhanced individuals (supes) would need to register with their perspective governments. They wouldn’t be able to work on their own will, even if time is of the essence. The United Nations would need to agree that superheroes are “allowed” to fight battles.

Yes, this could potentially reduce superhero damage. In many instances throughout Marvel and DC movies and comics, there is unnecessary destruction to property and people. Laws could inspire supes to pay more attention about where they are fighting. As an example, there is little reason Superman couldn’t fight Zod in a field or wooded area instead of Metropolis. When super villains want to meet with superheroes for a specific battle, why not just go somewhere else? The Accords could also give citizens a chance to evacuate large cities that are under attack. If the local, state, and federal governments are aware of an impending attack, they could work on evacuation orders in the cities. This could reduce wrongful death claims as well as some property claims if people choose to bring some of their property with them.

However, even if superhero damage was reduced, supervillain damage could become an issue. If a super villain has a death ray pointed at a city, and the hero has only 2 hours to stop him, but he must get clearance from governments, he could easily run out of time.

Changes in laws and victims’ funds could help recover damage, but the true change comes one step at a time with civil action against superheroes, villains, and the entities they represent.

How Would a Mass Tort or Class Action Lawsuit Change Things?

Mass Torts and Class Action Lawsuits representing victims of superhero battles would be the best way to make changes in the laws and help victims recover from damages.

Mass torts, or multiple individual lawsuits against the same entity for the same event or act of negligence, would give each victim their own claim against superheroes or villains.

Class action lawsuits, or multiple individuals filing a single claim against an entity for an act of negligence, could potentially get victims some recovery.

Mass torts and class action lawsuits have a long history of making changes in America. From fighting against big tobacco, drug companies, and even asbestos exposure suits, multiple plaintiffs taking action against even the largest, most protected corporations can change the law.

But what if supes are working under the federal government? You can sue the American government from damages. The Federal Tort Claims Act recognizes the liability of the government for negligence and wrongful acts of its employees. However, in order to sue the federal government for a supe’s acts, that superhero must be working within the scope of his official duties for the government. If anywhere in the government contract states, “The Employee cannot use a vehicle as a weapon under any circumstances” and a superhero throws a car at a villain, that superhero is working outside the scope of his employment with the government. Little loopholes like this could prove problematic for mass torts, and lead to stipulations in the ability to file claims.

However, with the amount of new circumstances that could occur in superhero battles, filing mass torts and class action suits against superheroes could lead these loopholes closing.

Much like when a supe is employed by the government, if a supe is employed by a private business, mass torts against that business could lead to compensatory and punitive damages being filed. From injury claims to wrongful death claims, mass torts against these businesses could put them under quickly. Although, Vought International in The Boys, has massive PR and mitigation teams to cover up supe destruction and wrongful death, they could still be sued. When you think of how they jump on cases and offer settlements quickly, they deny their true responsibility for the actions of their supes.

As a matter of fact, in one of the first episodes of the show, Vought International approaches a man who had his girlfriend die in front of him, rather gruesomely. They tell him that he is unable to make a wrongful death claim, and they are being generous offering him a check, as long as he signs a non-disclosure agreement. What they fail to tell him is he could potentially have a massive personal injury claim against Vought International for pain and suffering, loss of wages, and emotional distress, among other things.

It’s Not Just Superheroes

Superhero movies are great for entertainment, but if you watch them from the lens of a personal injury attorney, you can learn a thing or two. Movies like this can teach us about how personal injury law is perceived, and what victims can actually do if they are injured or experience property damage or loss. If you’ve been injured because another person was negligent, Ron Bell injury attorneys can help. Call today for a free case evaluation: 898-BELL.

The Avengers was created by Stan Lee and Jack Kirby, and is owned by The Walt Disney Company
Superman was created by Jerry Siegel and Joe Shuster, and is owned by DC Comics/Warner Bros.
Captain America was created by Joe Simon and Jack Kirby, and Captain America Civil War is owned by Marvel Studios, a division of The Walt Disney Company
The Boys was created by Eric Kripke and owned by Amazon Studios
(“The Ordinary”. The Boys, created by Eric Kripke, season 1, episode 1, Amazon Studios et al., 26 July 2019)