On Tuesday, January 7th, thousands of people were forced to evacuate their homes in the Pacific Palisades, a wealthy neighborhood in Los Angeles, as a raging wildfire continues to grow due to strong Santa Ana winds. Fire officials are currently investigating the cause of the Pacific Palisades wildfire that began on January 7th, around 10:30 a.m., burning approximately 3,000 acres between Santa Monica and Malibu.
Pacific Palisades Wildfire Brings Damage and Destruction
As of Wednesday morning, January 8th, Los Angeles County Fire Chief Anthony Marrone said over 1,000 structures have been destroyed, and over 5,000 acres have burned. Governor Gavin Newsom declared a state of emergency after fire officials announced that the flames had doubled in size in a few hours. Firefighters are stretched thin fighting two other wildfires at the same time the Eaton Fire in Altadena, which has burned 2,227 acres and claimed the lives of two residents, and the Hurst Fire in Sylmar in San Fernando Valley, which has burned at least 500 acres. Because of low humidity, winds that gusted reaching up to 90 mph, and dry vegetation, firefighters have been unable to get a handle on any of the three wildfires ripping through LA County.
Who Can Be Held Liable After a Wildfire?
The cause of the Pacific Palisades Wildfire is still under investigation. The party or parties that can be held liable depend on the circumstances surrounding the fire’s origin and the actions (or inactions) leading to the fire. Wildfires can be caused by a variety of factors, from natural occurrences to human negligence, and liability can be assessed based on who or what is responsible for the ignition or failure to contain the fire.
Parties that can be held responsible include:
Utility Companies
Utility companies can be held responsible for wildfires caused by their equipment, especially if their negligence or failure to maintain infrastructure played a role in starting the fire.
This includes:
Power lines. If power lines fall or are poorly maintained and spark a fire, the utility company could be liable.
Gas pipelines. A gas leak or pipeline failure caused by poor maintenance or lack of inspections could result in a wildfire.
Negligence in maintenance. If a utility company fails to properly inspect, repair, or upgrade equipment and this leads to a fire, they may be found liable.
In recent years, utility companies like PG&E (Pacific Gas and Electric) have faced major liability claims after their equipment was linked to large and deadly wildfires in California. These companies may be required to pay for damages, including homes, property, and even wrongful deaths caused by the fire.
Landowners
Landowners can be held liable if their property or actions contributed to the spread of a wildfire. Liability may arise if a landowner:
Fails to clear brush or vegetation. In California, landowners have a responsibility to maintain defensible space around their property to reduce the risk of wildfires. If a landowner fails to remove dry brush or dead trees and a fire spreads from their property, they could be liable for damages.
Improper disposal of flammable materials. If a landowner improperly disposes of materials like fireworks, fuel, or other hazardous materials that start a fire, they could be held responsible.
Negligent behavior. If an owner or tenant engages in negligent behavior, such as leaving fires unattended, improperly discarding cigarettes, or using equipment that sparks a fire, they could face liability.
Government Agencies (in some cases)
While government agencies like Cal Fire (California Department of Forestry and Fire Protection) are tasked with preventing and managing wildfires, they may not always be held liable for wildfires unless there’s clear negligence involved. However, certain circumstances may lead to government liability, such as:
Failure to maintain firebreaks or infrastructure. If a government agency responsible for maintaining firebreaks, roads, or fire prevention infrastructure neglects their duty, they could be found liable if their failure leads to a large fire.
Improper response. If a government agency fails to respond appropriately to a wildfire or is negligent in its firefighting efforts, victims may explore legal options for liability.
Individuals (for Negligence or Recklessness)
Individuals can be held liable for wildfires caused by reckless or negligent actions. Some examples include:
Arson. If an individual intentionally starts a wildfire, they are committing arson and can face criminal charges as well as civil liability for the damages caused.
Negligent behavior. Individuals who start a fire through negligence—such as improperly disposing of a cigarette, leaving a campfire unattended, or using equipment that sparks—can be held liable for damages resulting from the fire.
Reckless activities. Using fireworks, driving off-road vehicles, or performing other activities that increase the risk of a wildfire without proper safety precautions could make someone liable.
Manufacturers of Defective Products
Manufacturers of products that are defective or prone to starting fires can also be held liable for wildfire damage. For example:
Defective vehicles or equipment. If a vehicle, lawnmower, or other equipment malfunctions and sparks a fire, the manufacturer may be liable for producing a defective product.
Faulty fire-starting equipment. Products like defective fireworks, sparklers, or even faulty electrical equipment can start wildfires if they fail to meet safety standards. Manufacturers could be held accountable in these cases.
Agricultural Operations
Farmers or agricultural operations may be liable for wildfires caused by their practices if negligence is involved. For example:
Improper burning practices. If a farm or agricultural business sets a controlled burn without the proper precautions or permits, and the fire escapes and spreads uncontrollably, they could be liable for damages.
Negligent farming practices. If an agricultural operation’s failure to properly manage equipment, handle materials, or store chemicals leads to a wildfire, the business could be held liable.
Construction Companies
If a construction company causes a wildfire through negligent work or unsafe practices, such as:
Spark-producing equipment. Construction work that uses equipment like welders, saws, or grinders without proper fire prevention measures can ignite a fire that causes significant damage.
Failure to implement fire safety measures. Construction companies may be liable if they fail to take reasonable precautions to prevent wildfires, such as ensuring their work site is properly cleared of vegetation or securing dangerous materials.
Insurance Companies (in some situations)
In rare cases, insurance companies may be held accountable for failing to properly assess the risk of wildfires or refusing to pay out claims in good faith. For example:
Failure to assess wildfire risk. If an insurer fails to accurately assess the wildfire risk in a particular area or fails to provide appropriate coverage to homeowners in high-risk zones, they may face lawsuits for not meeting their obligations under the insurance contract.
How Can an Attorney at Avaness Law Help with Wildfire Claims?
If you’ve been affected by the Pacific Palisades Wildfire, whether it’s through property damage, injury, or the loss of a loved one, an attorney can help determine who is responsible for the fire and assist in pursuing compensation for your losses. At Avaness Law, our legal team is experienced in handling complex wildfire liability cases, and our attorneys can help:
Investigate the cause of the fire. Determining whether the fire was caused by negligence, faulty equipment, or another party’s actions is key to identifying who should be held liable.
File a lawsuit against liable parties. If you are entitled to compensation, an attorney can help you file a lawsuit against the responsible parties, including utility companies, landowners, or even government agencies in some cases.
Seek compensation for damages. Wildfire victims can recover damages for property loss, medical expenses, lost wages, and emotional distress. A lawyer can help maximize your recovery by negotiating with insurance companies and representing you in court if necessary.
Get the Justice You Deserve – Free Consultation Available Now!
If you’ve suffered damages from the Pacific Palisades Wildfire and want to explore your legal options, the attorneys at Avaness Law offer free consultations to discuss your case. We are dedicated to fighting for victims’ rights and ensuring that those responsible for wildfires are held accountable. Contact Avaness Law today to schedule your consultation and get the help you need.
