Every year, new wildfires spread throughout California, leaving destruction in their wake. Recovering from a wildfire can take a physical, emotional and financial toll on a victim. Litigation is a tool that wildfire survivors can use to resolve the financial part of their journey. A successful California wildfire case can hold a party accountable for contributing to the wildfire and result in financial compensation beyond insurance.
What Is Wildfire Litigation?
Wildfire litigation refers to a lawsuit filed on behalf of one or more wildfire victims against a party for causing or contributing to the fire. It can hold one or multiple parties (known as defendants) responsible for their part in the wildfire. It can help a victim address financial losses, property rebuilds and physical injuries by seeking financial compensation for these damages beyond insurance coverage.
When Can a Wildfire Lawsuit Be Filed?
Wildfire litigation may be an available legal remedy to an individual in California if someone is responsible for starting or failing to prevent the blaze. Filing a lawsuit in pursuit of financial damages may be an option regardless of negligence in certain situations, such as when the government has utilized private property for public use.
Negligence
If a person or party failed to act with proper care or uphold a duty to prevent a wildfire, that entity can be held liable through a lawsuit. Examples include utility companies failing to properly maintain their equipment or ignoring fire hazards (corporation misconduct), equipment operators making mistakes that spark fires, and campers or landowners engaging in negligent burn activities.
Inverse Condemnation
In California, it may be possible to use the doctrine of inverse condemnation to hold a public utility company liable for a wildfire without having to prove negligence or wrongdoing. Inverse condemnation is a strict liability law under Article One, Section 19 of the California Constitution that gives property owners the right to file lawsuits for wildfires connected to utility or electric companies regardless of the presence of negligence.
Mass Tort or Class Action
In cases where multiple people have been harmed by the same defendant or incident, mass tort litigation or a class action lawsuit can be a more efficient way to seek justice for the entire group. This type of lawsuit will be a single case and trial filed on behalf of multiple people, who will share evidence and witnesses.
What Types of Compensation Can Be Achieved With Wildfire Litigation?
Taking legal action against a utility company, the government, a business or contractor, a product manufacturer, or a landowner for a wildfire could result in a jury verdict that exceeds the amount available through an insurance claim alone. This may include:
- Payment for the complete costs of rebuilding
- Total property damage, including the loss of personal belongings
- Evacuation and displacement costs
- Medical expenses for injuries
- Pain, suffering and emotional distress
- Nuisance and inconvenience
- Wrongful death damages, if applicable
- Punitive damages, in some cases
Homeowners, renters, business owners, landowners and other wildfire survivors may all be eligible for compensation through wildfire litigation in California. Most of these cases achieve settlements, meaning the victim does not have to appear in court to make a fair financial recovery. To discuss your individual rights in terms of wildfire litigation in California, contact us for a no-cost, no-pressure consultation.