In California, the significant risk of wildfires has led to special property ownership regulations. The defensible space requirement for property owners in fire zones is an important part of reducing wildfire risks. A violation of this rule could lead to a wildfire negligence claim against one or more parties.
Understanding California’s Defensible Space Law
“Defensible space” refers to a buffer zone between surrounding brush or woodland and a home or piece of property. It is a space where the property owner has implemented noncombustible materials, such as a concrete sidewalk or rock walkway, to act as a barrier to help protect the property in case of a wildfire.
When done correctly, a defensible space creates a perimeter around a building that can stop an encroaching wildfire from reaching the structure. It also gives firefighters a place to work from to fight the fire. The benefits of a defensible space work in reverse, as well; if a property catches on fire, the barrier can stop embers from reaching surrounding vegetation and spreading the fire.
What Is a Defensible Space Violation?
In fire-prone areas, maintaining a defensible space is required by California law. Property owners and controllers, including landlords, have a responsibility to ensure a defensible space that complies with the law (California Public Resources Code §4291). The failure to do so is a tort, or act of negligence, that could place liability on the property owner for related damages.
Property owners have a legal obligation to meet local and state fire safety standards every day of the year. If someone had a responsibility to maintain defensible space around a building but failed to do so, this person or party could potentially be held liable in a civil action following a harmful wildfire.
Who Can Be Held Liable?
California’s defensible space requirements apply to any individual or company that owns, controls, leases, operates or maintains a building or structure that is in a high fire risk zone, contains flammable material or is located within a State Responsibility Area.
Potential defendants in a personal injury case involving defensible space violations include:
- The owner of the property
- A landlord or tenant
- A business that owns commercial property
- Property managers or management companies
- Homeowners associations (HOAs)
- Landscaping companies
- Utility companies
- Government agencies (public property)
- Construction and development companies
Holding one or more parties liable requires evidence that the defendant had a duty to maintain defensible space by law, failed to meet this duty of care and that this failure increased the severity of someone else’s wildfire damage.
How a California Wildfire Attorney Can Help
Wildfire prevention requires a certain level of effort, care and upkeep. If someone in charge of the safety and maintenance of a property in California fails to fulfill their legal requirements when it comes to maintaining defensible space, this can contribute to serious property destruction, bodily injuries and even deaths.
If a defensible space issue caused or contributed to your damages in a recent California wildfire, you may be eligible for financial compensation from the person guilty of the violation. Contact a California wildfire attorney to help you hold the right person liable. A lawyer will investigate the incident, collect evidence proving fault and seek maximum compensation on your behalf.