Table of contents
- Common causes of fires and explosions
- How fires and explosions affect victims
- Injuries caused by fires and explosions
- Who may be responsible?
- Insurance claims versus third-party lawsuits
- Government investigations
- Evidence that may strengthen a fire claim
- What to do after a major fire
- Why prompt investigation matters
- How McNicholas & McNicholas can help
- Frequently asked questions about fire and explosion claims
- Speak with a California fire and explosion lawyer
Common causes of fires and explosions
Determining how a fire started often requires investigation by fire-origin specialists, engineers and other experts. Common causes include the following.
Utility fires
California has experienced some of the nation’s most destructive utility-related fires. Power lines and electrical equipment require ongoing inspection, maintenance and vegetation management to reduce ignition risks.
When utility infrastructure is suspected, investigators may review:
- Equipment inspection records
- Maintenance and repair histories
- Prior safety recommendations
- Utility operating procedures
- Vegetation management records
- Weather and wind conditions
- Fire origin reports
- Physical evidence from the scene
A fire involving utility equipment does not automatically establish negligence. The evidence must show what failed, why it failed and whether reasonable measures could have prevented the incident or reduced its spread.
Industrial fires
Manufacturing plants, warehouses, refineries and processing facilities often store or use combustible and hazardous materials. Overheated machinery, electrical failures, improper storage, process errors or inadequate fire controls may contribute to fires that endanger workers and nearby communities.
An investigation may examine whether the facility complied with applicable safety procedures, maintained its equipment and responded appropriately to known hazards.
Industrial fires present additional risks because they may involve hazardous materials as well as flames. Smoke can carry dangerous chemicals beyond the facility. Burning equipment and stored materials may release toxic substances, while firefighting water can create contaminated runoff that affects nearby soil or waterways.
A large industrial incident may lead to:
- Community evacuations
- Shelter-in-place orders
- Air-quality monitoring
- Environmental testing
- Road closures
- Business interruptions
- Long-term cleanup
Chemical fires
Certain substances become especially dangerous when exposed to heat, sparks, oxygen or incompatible chemicals. Storage failures, accidental mixing and industrial process errors may produce fires that release toxic smoke or hazardous byproducts.
These incidents may require air monitoring, environmental testing, evacuation or shelter-in-place orders even after the fire is under control.
Explosions
Explosions may occur when natural gas systems, chemical equipment, storage tanks or pressurized vessels fail. The initial blast can cause severe structural damage before secondary fires spread through the area.
Investigators may examine pressure systems, valves, pipelines, operating procedures, warning alarms and maintenance records to determine whether preventable failures contributed to the explosion.
Construction-related fires
Welding, electrical work, excavation and other construction activities can create fire hazards. Excavation equipment may damage gas or electrical lines, while hot-work operations may ignite nearby combustible materials.
Whether a contractor acted negligently depends on the work performed, applicable safety procedures and the circumstances surrounding the incident.
Equipment and maintenance failures
Industrial systems require regular inspection and repair. Mechanical failures, electrical defects, worn components and delayed maintenance may create conditions that allow a fire to start or spread more quickly.
Prior equipment problems, inspection findings and repair recommendations may become important evidence.
How fires and explosions affect victims
The effects of a major fire often continue for months or years. Some families lose their homes entirely. Others return to properties damaged by smoke, ash, water or toxic residue. Renters may lose most of their belongings and face difficulty finding temporary housing.
Businesses may experience physical damage, destroyed inventory, equipment losses and prolonged interruptions. Even businesses that do not burn may be unable to operate because of evacuation orders, road closures, utility outages or contamination.
Potential losses may include:
- Temporary housing and relocation costs
- Evacuation expenses
- Damage to homes and businesses
- Smoke and ash damage
- Cleanup and remediation
- Lost wages
- Business interruption
- Destroyed inventory or equipment
- Medical expenses
- Pain and suffering
- Wrongful death damages
The available compensation depends on the facts, the responsible parties and the evidence documenting each loss.
Injuries caused by fires and explosions
Large fires and explosions can cause severe physical injuries. Victims may suffer burns, smoke inhalation, traumatic injuries, hearing damage, respiratory complications or injuries caused by falling debris and structural collapse.
Smoke exposure may cause coughing, breathing difficulty, chest pain, dizziness and other symptoms. Some people may face heightened risks because of asthma, heart disease or other health conditions.
Explosions may also cause blast injuries even when a person is not directly burned. The pressure wave can affect hearing, internal organs and the brain.
Seek medical care promptly after an injury or suspected exposure. Medical records may help document when symptoms began, the treatment required and any long-term limitations.
Who may be responsible?
Responsibility depends on how the incident occurred, who owned or controlled the property or equipment and whether another party failed to exercise reasonable care.
Potential defendants may include:
- Utility companies
- Industrial facilities
- Refineries
- Chemical manufacturers
- Property owners
- Contractors
- Maintenance companies
- Engineering firms
- Equipment manufacturers
- Pipeline operators
- Construction companies
- Public entities, where permitted by law
Several parties may share responsibility. A utility may own the equipment involved, a contractor may have performed recent repairs and a manufacturer may have supplied a defective component.
Attorneys may review maintenance records, inspection reports, engineering documents, operating procedures, fire reports and witness statements to determine each party’s role.
Insurance claims versus third-party lawsuits
After a major fire, many people first turn to their insurance company. Insurance may provide important assistance with repairs, replacement property, temporary housing and business losses, but it may not cover every loss.
An insurance claim seeks benefits under a policy. Coverage depends on the policy language, exclusions, deductibles and limits.
A third-party lawsuit addresses a different question: whether another person, company or public entity caused or contributed to the fire through negligence or another legal wrong.
Insurance benefits and a third-party claim may exist at the same time. An insurer may cover part of the damage while a separate claim proceeds against the party responsible for the incident.
Government investigations
Large fires and explosions frequently lead to investigations by multiple agencies. California fire departments may determine the origin and cause. Utility regulators, environmental agencies and workplace safety officials may also examine the incident.
Investigations may include:
- Origin-and-cause analysis
- Equipment inspections
- Utility records
- Environmental testing
- Air-quality monitoring
- Witness interviews
- Physical evidence
- Maintenance and operating records
These findings may provide valuable evidence, but government investigations serve a different purpose from civil litigation. An agency may issue citations, order corrective action or oversee cleanup without compensating victims for personal injuries, property damage or financial losses.
A private legal investigation may therefore still be necessary.
Evidence that may strengthen a fire claim
Evidence can change quickly after a fire. Damaged structures may be demolished, utility equipment repaired and debris removed as recovery begins.
Helpful evidence may include:
- Fire investigation reports
- Photographs and videos
- Utility inspection and maintenance records
- Engineering reports
- Emergency response records
- Environmental testing
- Witness statements
- Security footage
- Medical records
- Repair estimates
- Temporary housing receipts
- Business interruption records
- Insurance communications
Fire-origin specialists, electrical engineers, structural engineers and environmental experts may help determine how the incident began and whether preventable failures contributed to it.
What to do after a major fire
Follow evacuation orders and do not return until authorities say it is safe. Seek medical care for burns, smoke exposure or other injuries.
When conditions permit:
- Photograph damage before cleanup
- Preserve alerts and evacuation notices
- Keep damaged items when practical and safe
- Save receipts for lodging, food, transportation and cleanup
- Document missed work and business losses
- Keep insurance correspondence
- Record witness names
- Avoid signing a final release before understanding your rights
Do not enter unsafe structures or disturb potential evidence solely to document the damage.
Why prompt investigation matters
The period immediately following a fire is often critical. Structures may be demolished, equipment replaced and debris removed soon after the initial investigation.
An early legal investigation may help preserve photographs, surveillance footage, maintenance records and physical evidence before they disappear.
Property owners and businesses should document damage and keep records of cleanup, repairs, relocation and lost income. Injured individuals should preserve medical records and follow treatment recommendations.
Claims involving public entities may also be subject to special notice requirements and shorter deadlines.
How McNicholas & McNicholas can help
Large-scale fire litigation often requires extensive investigation, technical analysis and coordination among numerous experts. Determining how a fire or explosion began may involve utility records, engineering documents, maintenance histories, environmental testing and government findings.
The firm brings substantial trial and large-scale disaster litigation experience to these cases. McNicholas & McNicholas attorneys have tried more than 300 cases to verdict, and Partner Patrick McNicholas has more than 30 years of experience representing victims of California wildfires and catastrophic disasters, including leadership roles in major utility-fire litigation.
McNicholas & McNicholas represents people and communities harmed by negligent utilities, corporations, industrial operators and other responsible parties. The firm investigates the source of environmental harm and documents each client’s injuries, property damage and financial losses.
The firm’s attorneys have represented clients affected by wildfires, gas leaks, utility failures, mudslides, large-scale property damage, serious injuries and wrongful death.
This experience helps the firm develop common evidence while addressing each client’s individual damages.
“I can’t express enough gratitude for the exceptional service we received from Attorney Brandon Castor during one of the most challenging times...”
— Leslie Lee, Paradise Fire client
Frequently asked questions about fire and explosion claims
When does a fire become a legal claim?
A claim may arise when another party’s negligence caused the fire or allowed it to spread. Examples may include utility equipment failures, unsafe industrial operations, defective products or inadequate maintenance.
Can I bring a claim if insurance covered some losses?
Possibly. Insurance and third-party claims address different issues. Insurance provides policy benefits, while a third-party claim seeks compensation from the party responsible for causing the fire.
Who investigates the cause of a fire?
Local fire departments, utility representatives, insurers and regulatory agencies may investigate. Attorneys may also retain independent engineers and fire-origin experts.
Can businesses recover losses?
Potentially. Recoverable losses may include property damage, destroyed inventory, equipment loss, interrupted operations and lost profits.
How long do I have to file a claim?
There is no single deadline for every case. The time limit depends on the claims and parties involved. Public entity claims may require earlier notice, making prompt legal review important.
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