Power Line Fires and Utility Negligence in LA

In California, power line fires caused by utility negligence are a common concern, having led to several lawsuits in recent years. These fires threaten densely populated neighborhoods, but utility fires have also played a role in the wildfires that have dominated the headlines for weeks on end. These fires can be catastrophic, often claiming dozens of lives and destroying hundreds or thousands of structures beyond repair.

What options do victims of fires have in California? There are a few different ways to seek compensation after a fire caused by a utility company, which is why it’s important to connect with a burn injury lawyer as soon as possible. Call McNicholas & McNicholas today to discuss your injuries and property damage now.

The long history of California fires and utility companies

If you look back in California history, you’ll find a variety of fires caused by utility companies. In 2021, Dixie Fire became the second-largest wildfire in California history. It ignited when a tree fell and hit PG&E equipment. Over 1300 structures were destroyed, and most of Greenville was ruined. A settlement with PG&E resulted in millions in penalties against the company, including $40 million for electronic records of preventive maintenance and inspections, as well as $2.5 million to impacted tribal communities and $2.5 million to the California General Fund.

Just a few years earlier, PG&E pleaded guilty to 85 counts after the Camp Fire, the deadliest fire in California history. The 85 counts include 84 for involuntary manslaughter and one count of unlawfully starting the fire. The company was then forced to establish a trust of at least $13.5 billion to compensate victims of the Camp Fire and other fires. Other widely known fires include the Thomas Fire and the Tubbs Fire.

More recently, the Los Angeles wildfires are considered to be some of the most expensive in U.S. history. A flurry of lawsuits followed, alleging that Southern California Edison’s towers were the likely source of the fire.

Legal routes to justice for victims

If you look into the fires we just discussed, you’ll see that there are varying levels of negligence or guilt. In some cases, the companies maintain that they were prudent operators, even though their equipment caused the fire. In others, the companies clearly failed to maintain power lines in a way that led to preventable fires.

There’s a reason for this; in addition to suing companies for being negligent, victims can also sue under the legal doctrine known as inverse condemnation.

Negligence

Negligence is the cornerstone of most personal injury claims, and it is applicable in a number of power line fires. There are four things you must prove for a negligence claim, explained here in the context of utility fires:

• Duty of care: Utility companies have an obligation to consumers and residents to design, inspect, and maintain their power lines in a way that minimizes risk.
• Breach of duty: A utility company may breach its duty of care when it fails to perform necessary maintenance, install power lines in inherently unsafe areas, or ignore vegetation hazards.
• Causation: Victims can prove causation if it’s clear that the breach of duty caused the fire in question.
• Damages: Victims have measurable damages if they suffer property damage or burns.

Inverse condemnation

The other doctrine used in these claims is inverse condemnation. Under inverse condemnation, property owners can take legal action when their private property is damaged by a utility. While negligence claims require that victims prove that the at-fault party fell short of their obligations, inverse condemnation claims do not have to prove that the utility company was negligent. As long as their equipment caused the fire, the company may have to pay compensation.

How power lines cause fires

Power line fires can be caused by a wide range of triggers. Like we discussed above, fires can be caused by trees falling and hitting power lines. Other common causes include high winds leading to lines breaking, overloaded transformers, overgrown vegetation coming into contact with live wires, and old infrastructure that falls short of current safety standards.

Power line fires affect both heavily populated urban areas and forested or rural areas, although the ways fires spread vary greatly between these landscapes.

The uphill battle of suing a utility company

Suing anyone can be a long and mentally draining process, but suing a company with billions of dollars at its disposal is uniquely difficult. When you consider that some utility companies are regulated by the California Public Utilities Commission, the challenges mount. Suits involving the government follow different timelines and requirements from lawsuits against private companies, and waiting too long could mean you unintentionally give up your right to seek compensation.

When you look into fires caused by utility companies, you’ll find that utility companies have a long track record of fighting back against lawsuits and doing everything in their power to limit their financial losses—even when their own infrastructure has led to preventable deaths. They go into overdrive to rehabilitate their public image and try to shift public opinion in their favor.

Working with a burn injury lawyer who understands the complexities of claims against public utility companies and the various routes to compensation can give you the freedom to focus on your recovery. Let McNicholas & McNicholas advocate for you and hold the at-fault party accountable while you heal.

Find out how McNicholas & McNicholas can help

If a power line fire has left you injured or destroyed your home, the road back to life as normal may seem long and impossible to navigate. We’re here to help. Contact us online or call us to set up a consultation right away.