Wildfires are often traced back to issues and malfunctions related to public utilities, such as electrical equipment. Utility companies have a legal obligation to properly maintain their gear and manage potential fire risks to prevent wildfires. They can be held liable, or legally and financially responsible, for a related wildfire if they fail to uphold this duty.
Negligence in Wildfire Claims
Liability in any type of personal injury case typically comes down to negligence, or the failure to act with a reasonable amount of care. To secure financial compensation from another party in a wildfire case, the injured victim or plaintiff may have to prove negligence. A utility company could be guilty of many examples of negligence that increase the risk of wildfires, including:
- Violating state and federal safety regulations for wildfire prevention
- Failing to inspect equipment, such as power lines and transformers
- A lack of proper equipment maintenance and repairs
- Failing to replace old or damaged equipment
- Delaying critical repairs or equipment upgrades
- Poorly trained or unqualified utility company workers
- Poor management of overgrown vegetation or trees near power lines
- Taking insufficient safety measures to reduce wildfire risks
- Failing to de-energize power lines in high-risk fire conditions
To prove a utility company’s negligence in a wildfire claim, plaintiffs must show that the defendant owed a duty of care to maintain the equipment in a way that prevents wildfires as much as possible but breached this duty of care with a careless act or omission. There must be proof of a connection between this breach and the wildfire. Our Eaton Fire lawyers are using this doctrine to purse compensation on behalf of the recent LA fires. More information can be found in the firm’s official press release here.
Other Legal Grounds for Wildfire Claims Against Utility Providers
In some situations, a strict liability doctrine may apply to wildfire claims against public utility companies. Strict liability means a defendant can be held liable regardless of whether there is evidence of negligence. For example, inverse condemnation is a legal principle that entitles property owners to compensation if their properties are damaged by a public use, including utilities and all government agencies. Through this legal doctrine, wildfire victims can recover their costs without having to prove that the utility company was negligent. As long as the utility equipment is found to have caused the fire, the company can be made to pay.
Proving a Wildfire Case in California
California utility companies have a long history of contributing to wildfires and being held accountable by victims through the civil justice system. Pacific Gas & Electric (PG&E), for example, was held liable for causing the deadliest wildfire in California’s history: the 2018 Camp Fire. PG&E was found liable for billions of dollars in damages caused by this fire, which was ignited by a faulty electric transmission line. To prove a fire damage case against a utility company, a plaintiff must provide evidence linking the company’s faulty equipment or acts of negligence to the wildfire. This evidence may include an analysis of burn patterns, the results of an official wildfire investigation, eyewitness reports, utility company maintenance records, downed power lines and expert testimony. If you wish to pursue a case against a utility company in California for your recent wildfire damage, contact Bridgford, Gleason & Artinian to start with a free consultation. We have a history of success, including $13.5 billion won for California fire victims. Our attorneys can help you seek justice for a preventable wildfire.