UPDATE 2: According to reports from 9/15/24, the now, 23,500 acre fire has claimed over 100 homes in Orange County and Riverside. The total injury count has risen to 14, including 12 firefighters.
UPDATE: As of 9/11/2024, the fire has grown to nearly 20,000 acres, threatens more than 10,00 structures and has resulted in the injuries of 5 firefighters and 2 civilians.
Around 1 pm on Monday, September 9th, a fire broke out along the 32200 block of Trabuco Creek Road in Orange County, near the Trabuco Flyers Club, a radio-control flying club. By late Monday night around 9 pm, the fire had burned more than 5,400 acres and was not contained.
Around 2:45 pm an evacuation warning was issued for residents in the areas near Rose Canyon Road, Trabuco Creek Road, Trabuco Canyon Road, Trabuco Oaks Drive, Joplin Loop, and Cook’s Corner.
Around 3 pm residents along Meander Lane were ordered to evacuate, and residents in the Robinson Ranch community, along Robinson Ranch Road, and Shadow Rock Lane were ordered to evacuate shortly thereafter.
According to authorities, the fire was caused by a spark from heavy equipment being used to replace barriers on Trabuco Creek Road. Two Orange County Public Works employees were using heavy equipment to place large boulders as barriers to restrict access to the vegetation in the canyon off the road.
Simon Turner, a former board member and current member of the Trabuco Flyers Club said that no one was flying any radio-controlled planes at the time the fire broke out. According to Turner, the club has a good relationship with local fire authorities and they shut down on red flag days.
Orange County Fire Authority Deputy Chief TJ McGovern says that the fire is classified as “unintentional”, and that the OC Public Works employees used several fire extinguishers and loaders “to attempt to extinguish the fire while 911 was being called.”
It is important to note that at this time no one has died, or been injured, and nothing has been destroyed.
What Could Have Caused The Fire to Breakout?
In the case that individuals are injured or property is damaged, there may be a few potential avenues of legal recourse available to victims. A few theories of culpability in the case of this fire may include:
- Inverse condemnation– if it can be proven that the fire was the result of public works activities, such as the use of heavy machinery, affected property owners may be able to seek compensation from the government. Under inverse condemnation, the government can be held responsible for damages, even if the fire was unintentional and there was no direct negligence by public employees.
- Failure to maintain vegetation at the subject site– dry, overgrown vegetation can allow fires to spread quickly. If the responsible parties failed to regularly clear or maintain vegetation near Trabuco Creek Road, they could be held liable for creating a fire hazard. This could indicate negligence in reducing the risk of wildfires, especially in high-risk areas.
- Product liability as to the machinery– if the machinery used by the workers malfunctioned or sparked due to a defect, the manufacturer or distributor of the equipment could be liable. Product liability claims arise when a product, in this case, the equipment, is defective and leads to harm, such as sparking a fire.
- Negligent hiring, training and supervision– if the Orange County Public Works employees were inadequately trained or supervised in using the heavy equipment, their employer could be held accountable. Employers have a duty to ensure their workers are properly qualified and follow safety protocols, especially when working near highly flammable areas.
Bridgford, Gleason & Artinian May Be Able To Help You With A Fire Related Claim
Wildfires in Southern California can escalate quickly, especially in times of extreme heat when brush is dry. If you’ve been affected by a fire in Orange County or Southern California, the team at Bridgford Law may be able to help you. We understand how wildfires impact residents, business owners, and visitors and what they will need to move forward.
- Our Orange County wildfire attorneys have represented over 7,000 clients in wildfire cases.
- We have recovered over $1 billion on behalf of wildfire victims.
- We have the expertise and stable of experts required to maximize the value of their property damage claims.
- We have significant experience in wrongful death litigation and are particularly adept at helping those who have lost loved ones.
- We don’t charge any fees unless we win and do not take attorney’s fees on undisputed compensation you receive from your insurance company for rebuilding and repairs.
With more than 30 years of experience, our team has obtained more than $1 billion in settlements for wildfire survivors. When you choose to work with us, you don’t have to worry about taking a financial risk. We operate on a contingency fee basis, meaning if we recover nothing, you owe us nothing.
If you’ve been affected by this fire, contact our team by calling us at (949) 831-6611 or contact us online to get started with a free consultation.