Can I sue if I had property damaged or destroyed by the Woolsey Fire?

by Jeffrey Nadrich Managing Partner, Nadrich & Cohen, LLP

Yes, you can sue if your property was damaged or destroyed by the Woolsey Fire.

The Woolsey Fire ignited on November 8, 2018, burning 96,949 acres of land, destroying 1,643 structures, killing three people and forcing the evacuation of over 295,000 people.

Southern California Edison (SCE) reported a “disturbance” on its Big Rock 16kV circuit two minutes before CAL FIRE’s estimate for the start of the Woolsey Fire. TV news footage appears to show the fire starting directly underneath these Big Rock 16kV power lines. Strong Santa Ana winds helped the fire quickly consume dry, drought-stricken land and vegetation.

The Roadrunner Fire started one hour before the Woolsey Fire in nearby Thousand Oaks, and witnesses saw sparks falling to the ground from SCE power lines. Santa Ana winds were blowing in this location, too, at the time.

Woolsey Fire lawsuits contend that SCE may be held liable for your Woolsey Fire damages because the fire was caused by SCE’s negligence. Lawsuits contend that SCE was negligent because they failed to maintain its power lines safely, failed to manage vegetation as they were mandated to by regulations and failed to shut down the Big Rock circuit in a “Red Flag high risk fire” area despite knowing their power lines started another nearby fire one hour earlier.

Woolsey Fire lawsuits have many causes of action. Some of them include:

Negligence: Lawsuits allege SCE is negligent for numerous reasons:

• SCE failed to conduct inspections of their power lines in a reasonably prompt, proper and frequent manner.

• SCE failed to make sure their power lines could withstand Santa Ana winds without starting fires.

• SCE failed to clear vegetation as mandated by Public Resource Code § 4292.

• SCE failed to inspect power lines as PUC General Order 165 mandates.

• SCE failed to de-energize the Big Rock circuit during Red Flag conditions and after the Roadrunner Fire started nearby one hour earlier.

• SCE failed to make sure employees and agents could and would competently maintain power lines and nearby vegetation.

Inverse condemnation: United States land owners can sue the government when their property is damaged or destroyed because of the government’s actions or inaction. This also applies to utilities in California. Lawsuits allege that SCE’s inaction caused the Woolsey Fire to start and thus people whose property was damaged or destroyed by the fire can sue SCE under the inverse condemnation cause of action.

Trespass: It is a trespass when a negligently caused fire wrongfully occupies the land of another. Lawsuits allege that SCE negligently caused the Woolsey Fire and thus this action constituted a trespass once the fire occupied the land of others.

Private nuisance: The Woolsey Fire caused other people unreasonable harm and substantial actual damages constituting a nuisance by obstructing the free use of property, invading the right of people to use their property and interfering with peoples’ enjoyment of their property. Lawsuits contend SCE is liable for this nuisance under Civil Code § 3334 because SCE is responsible for the fire.

Public nuisance: The Woolsey Fire created a condition which was harmful to public health and damaged and interfered with the use and enjoyment of the property of the public, constituting a public nuisance under Civil Code §§ 3479 and 3480 and Public Resources Code §§ 4170 and 4171. Lawsuits allege SCE is liable for this nuisance as they are responsible for the fire.

Premises liability: Lawsuits allege that SCE negligently failed to properly manage, inspect, control and/or maintain vegetation around their power lines, creating an unsafe condition exposing them to premises liability.

Violation of Public Utilities Code § 2106: This California code essentially states that public utilities are liable for damages caused by their unlawful action or inaction. Lawsuits allege that the Woolsey Fire occurred because of numerous regulation violations by SCE, including violations of Public Utilities Code § 702, Public Utilities Code 451 and CPUC General Order 95.

Violation of Health & Safety Code § 13007: This California code essentially states that anyone who starts a fire or causes a fire to be started willfully, negligently or unlawfully is liable to owners of property damaged or destroyed by the fire. Lawsuits contend SCE is liable under § 13007 because their negligence caused the fire to be started.

A variety of damages can be obtained in a Woolsey Fire lawsuit, including:

• The cost to repair or replace property damaged or destroyed by the fire.

• The loss of use, benefit, goodwill and enjoyment of property.

• The loss of wages, earning capacity, profits, proceeds and other business interruption losses.

• Damages for injuries to timber, trees or underwood.

• Punitive and exemplary damages.

• General damages for worry, fear, disturbance, annoyance, mental anguish, inconvenience, loss of quiet enjoyment of property and emotional distress.

About the author

Jeffrey Nadrich is the managing partner of Nadrich & Cohen, LLP, a wildfire and personal injury law firm which has recovered over $350,000,000 on behalf of clients since 1990. For more information on Woolsey Fire lawsuits, visit https://www.personalinjurylawcal.com/cases-we-handle/woolsey-fire-lawsuits/

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Created on Aug 2nd 2020 17:20. Viewed 566 times.

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