Wildfires are one of the most destructive natural disasters in California. They can result in billions of dollars of property damage in addition to serious physical injuries and deaths. When a wildfire is caused by gross negligence or recklessness on the part of the at-fault party, punitive damages may be available as part of a settlement or judgment award.
What Are Punitive Damages?
Three major types of damages, or financial compensation, are available in the average personal injury claim in California: economic, noneconomic and punitive damages. The first two are types of compensatory damages. They are designed to compensate an injured victim and make him or her whole again. The third type, punitive damages, are awarded in some cases to punish or penalize the defendant (accused party). California law makes punitive damages available in cases where the plaintiff (filing party) can prove that the defendant acted with fraud, oppression or malice. Their goal is to prevent the defendant and others in the community from committing similar acts in the future.
When Are Punitive Damages Awarded in Wildfire Cases?
Punitive damages may be awarded in addition to compensatory damages if the defendant’s actions make them appropriate in a wildfire case; particularly, if a judge deems punitive damages appropriate to dissuade others from making the same mistakes and sparking future wildfires. Common circumstances where punitive damages may be awarded in wildfire cases include:
- Corporate negligence. Many California wildfires have been traced back to utility company negligence, such as poorly maintained power lines that fall down in high winds. In these cases, a court may award punitive damages to penalize the corporation and motivate it to make changes that improve safety and prevent fires in the future.
- Recklessness. If an individual or business was reckless, meaning they exhibited a disregard for the safety or health of others, this could be grounds for awarding punitive damages in a wildfire case. In this case, they may be given to penalize the defendant for taking an unjustifiable risk of harm to others.
- Intentional or malicious acts. In cases of arson or the intentional starting of a fire, punitive damages may be given to wildfire victims. This includes cases where the defendant engaged in illegal burns, ignored fire condition warnings, failed to properly put out fires or improperly disposed of flammable materials.
If punitive damages are awarded, their amount will be based on factors such as the severity of the defendant’s actions, the amount of harm done, the defendant’s ability to pay and how much is awarded in compensatory damages.
Should I Hire a Lawyer to Help Me Seek Punitive Damages?
Punitive damages in a California wildfire case require a higher burden of proof than typical compensatory damages. The burden of proof is “clear and convincing evidence,” meaning the plaintiff must establish (separate from evidence of the defendant’s fault for the wildfire) that the defendant knew of the fire risk but failed to act, and that this resulted in serious harm or death to others. To maximize your odds of receiving punitive damages in a wildfire case, hire a California wildfire attorney to represent you. An attorney will know how to submit a request for these damages and support it with evidence, such as expert testimony. Your lawyer will fight for maximum financial compensation for all of your wildfire-related losses, including an additional sum in punitive damages, if available.