Wildfire Evacuation Injuries: Can You Sue for Poor Emergency Planning?

In 2023, there were over 7,000 wildfires reported in the state of California, and this number is still growing in 2024. As experts continue to suggest that the frequency of these disasters will only increase in the years ahead, it’s more important than ever for residents to understand the unique risks associated with these natural disasters.

While flames and smoke cause obvious and immediate dangers in wildfire situations, wildfires often cause ripple effects that can negatively impact the health and safety of affected residents. While evacuations are meant to keep Californians safe in the event of a raging fire, many victims are actually hurt during the evacuation process itself. When evacuation injuries occur, many victims are left wondering who is to blame and what recourse might be available to them. Let’s explore what you need to know about protecting your rights in the event of a wildfire evacuation injury.

How do evacuation injuries happen?

Despite the state’s best efforts, wildfire evacuations are often chaotic. Many evacuations happen quickly and with limited notice, giving panicked residents only a small window of time within which to flee to safety.  When emergency communication systems or safety protocols fail, the risk of injury rises, and Californians are put directly at risk. Some common evacuation-related incidents include:

• Car accidents and multi-car pileups
• Falls and trampling accidents
• Smoke inhalation incidents
• Emergency medical events caused by increased stress levels or environmental hazards
• Rockslides

All of these scenarios and more can lead to serious physical and emotional trauma and leave already frightened wildfire victims in greater distress. Injuries that occur as the direct result of a wildfire often fall under the umbrella of “Acts of God,” meaning it’s an unanticipated natural event where no human is responsible. Injuries that take place as a byproduct of evacuation procedures can be more legally complex.

Who is liable for wildfire evacuation injuries?

It can be very difficult for victims and legal professionals to determine liability in wildfire evacuation cases. If an injured victim can demonstrate that a given party directly caused their injuries by violating their established duty of care, the victim may be within their rights to pursue a claim against that entity or individual.

In wildfire evacuation scenarios, some potentially responsible parties include:

• Government entities: Local, state, and federal government entities may be held liable in limited circumstances if victims can demonstrate that the agency or employee acted negligently within the scope of their duties.
• Public safety professionals: Public service entities like police and fire departments often have statutory immunities, but rare exceptions exist in evacuation cases if their gross negligence directly caused harm to an injured party or if their conduct falls outside discretionary duties.
• Property owners: Property owners have a responsibility to ensure the safety of their visitors and residents. If the owner of an apartment building, hotel, business, or event venue failed to take the necessary safety protocols to protect community members during an evacuation, they may bear some of the responsibility for resulting injuries.
• Individuals: In disaster situations, it is not uncommon for people to behave negligently or recklessly. When one local resident causes harm to another in the midst of an evacuation, the at-fault individual may be required to pay damages to the victim. This kind of liability may be particularly relevant in car accidents that take place during a hectic evacuation.

As you can see, there are a number of different possibilities when it comes to assessing liability for an evacuation injury. Under California’s comparative negligence system, it is possible for multiple parties to share responsibility for an accident, which can make these cases even more complex.

To counteract some of the challenges associated with determining liability in these incidents, many injured victims opt to work with an experienced wildfire attorney who can help them pursue all possible sources of liability.

Does the government have immunity in evacuation cases?

In addition to some of the challenges associated with assessing liability, one of the biggest obstacles in wildfire evacuation cases is the application of government immunity. Public agencies in California are often shielded from lawsuits when performing certain “discretionary functions.” Deciding when or how to issue an evacuation order may fall under this umbrella term, leaving injured parties struggling to secure accountability for their suffering.

It’s important to understand, however, that government immunity is not iron-clad, and there are certain exceptions that allow citizens to file claims against local, state, and federal governments. For example, if officials had clear, empirically-supported information about an impending danger but knowingly failed to adhere to established evacuation protocols, injured parties may have cause to pursue a tort claim.

What kinds of compensation are available for evacuation injuries?

Depending on the specific facts of a case, evacuation accident victims may be entitled to economic and non-economic damages to help cover accident-related costs like:

• Hospital bills
• Prescription medications
• Surgery costs
• Long-term care expenses
• Lost wages
• Reduced capacity to work
• Pain and suffering
• Emotional distress
• Mental healthcare costs

The exact amount of damages assessed in an evacuation case depends on the severity of the injuries and the degree of negligence involved. California typically has no general cap on non-economic damages in personal injury cases, although recovery is limited against public entities per statutory immunities. Additionally, while other personal injury cases may afford victims the opportunity to pursue punitive damages against a responsible party, punitive damages are generally not available in tort claims against the government.

How long do I have to file a claim?

In California, the general statute of limitations in personal injury cases is two years from the date of injury. However, if you plan to make a claim against a government entity, this timeline is condensed significantly. For government tort claims involving personal injury, property damage, or wrongful death victims are legally required to file a report with that specific public entity within six months if they wish to move forward with a claim.

Due to this limited window and the high bar of evidence required in these complex cases, it is highly recommended that evacuation injury sufferers partner with experienced legal representation to help maximize the likelihood of a successful case outcome. Trusted wildfire accident attorneys understand the unique challenges posed by these claims and can help clients fulfill the stringent requirements set forth by the legal system.

Final thoughts

While wildfires are natural disasters that cannot necessarily be predicted or prevented, evacuation protocols can be planned and executed in a way that prioritizes the safety of all community members.

If you were injured in a wildfire evacuation in Los Angeles or the surrounding areas, don’t give up the fight before it’s even begun. At McNicholas & McNicholas, we know exactly what it takes to help victims get justice after an unthinkable tragedy like a wildfire or evacuation injury. With billions of dollars already recovered for clients across the state, we have the knowledge and experience necessary to support survivors in their fight for compensation.

Give us a call today or fill out our online contact form to schedule a free consultation with a member of our team, and let’s discuss how we can work together to hold the responsible parties accountable for your pain.