California is facing particularly severe wildfires this fall, with multiple fires raging across the state. These fires have led to widespread damage, including property loss, environmental destruction, and health hazards.
On September 8, the Bridge Fire began in the Angeles National Forest. It exploded in size to over 50,000 acres, the cause of which is currently under investigation.
The Line Fire began on September 5, and has been determined to be caused by arson. A suspect has recently been arrested and is currently being held without bail. That fire has burned more than 36,000 acres, threatening over 65,600 structures in its path.
The Airport Fire started on September 9, and is burning in an area between Orange and Riverside Counties, having grown to over 22,000 acres in size. The Orange County Fire Authority has reported that the fire was most likely caused from government owned heavy equipment being used by road construction workers in the area.
There have been multiple evacuation orders and Governor Newsom has declared a state of emergency in LA, San Bernardino, Orange & Riverside Counties. Federal, state and local authorities are all participating in battling these fires.
In certain situations, those injured by wildfires may be able to address their injuries by those responsible. For instance, on August 8, 2023, Hawaii experienced the fifth deadliest wildland fire in United States history, and Hawaii’s worst natural disaster. The casual observer might think the fire was related to volcanic activity, but it was not. That fire began as a result of downed power lines and had a prolific spread from dry and windy conditions. There have been allegations that the fire spread as much as it did due to a dismal emergency response, and that the power company was on notice of a risk involving its power lines but took no action. Many lawsuits were filed, including against Maui County and Hawaiian Electric Company. Currently, there is a global settlement being made to resolve the hundreds of lawsuits brought after that fire.
One issue that those seeking redress for wildfire losses against government entities should be aware of is that the government makes it difficult to sue them. Many states have notice requirement and/or shortened statutes of limitations to pursue legal actions against them. In California, the Government Claims Act outlines the requirements of what you must do before you can even file suit against a government entity. The steps are complex and wrought with pitfalls for the unwary litigant. Generally, a person who has been harmed by some government action, including the negligent creation of wildfire, has to file a claim with the government within 6 months of the event giving rise to liability. The law contains specific and formal requirements for presenting the claim and giving notice. The governmental entity then has the opportunity to accept or reject the claim. If the claim is untimely, it may be returned. Once the claim is rejected, the harmed person may file suit. While the government has 45 days to reject the claim, once rejected the harmed person only has 6 months from the date of submitting the claim to file suit.
The law firm of Matthiesen, Wickert & Lehrer, S.C. (MWL) has handled and obtained recoveries in numerous natural disasters, including California wildfires. When utility and power companies, excavation companies, fracking companies, government agencies, or private corporations cause catastrophic loss attendant to a natural disaster, MWL is there to promptly investigate and marshal the evidence necessary to hold the wrongdoers culpable. MWL has been so successful in recovering in obtaining recoveries against government. Contact us today for an assessment of your claims.
