Wildfires have become an increasing threat across the United States, causing billions of dollars in damages, displacing communities, and leading to tragic loss of life. While wildfires have natural causes such as lightning strikes and extreme heat, a significant number are caused by human activities, particularly by utility companies. Faulty power lines, outdated infrastructure, and negligent maintenance have contributed to some of the most devastating wildfires in recent history.
In the article below, the attorneys at Kherkher Garcia explore whether utility-caused wildfires are a national crisis, the legal responsibilities of utility companies, and how victims can seek justice.
The Growing Threat of Utility-Caused Wildfires
Over the past decade, utility-caused wildfires have become more frequent and more destructive. Several factors contribute to this growing crisis, including aging infrastructure, climate change, and increased urban expansion into wildfire-prone areas. While wildfires caused by utilities were once viewed as isolated incidents, they are now seen as a systemic issue affecting multiple states across the country.
One of the most infamous examples is the Camp Fire of 2018 in California, which was sparked by faulty electrical transmission equipment owned by Pacific Gas & Electric (PG&E). The fire destroyed the town of Paradise, resulted in 85 deaths, and caused billions of dollars in damages. PG&E later admitted to criminal negligence and faced numerous lawsuits from victims and state agencies. This case highlighted the dangers of utility negligence and set a precedent for legal accountability in wildfire litigation.
The Legal Responsibility of Utility Companies
Utility companies have a legal duty to maintain and inspect their equipment to prevent wildfires. When they fail to uphold these responsibilities, they can be held liable for the damages caused. Several legal principles apply to utility-caused wildfires:
Negligence
Utility companies can be found negligent if they fail to properly maintain power lines, trim vegetation around electrical equipment, or repair faulty infrastructure. If this negligence leads to a wildfire, victims can pursue compensation for property damage, injuries, and loss of life.
Inverse Condemnation
In some states, particularly California, utility companies can be held liable under the legal doctrine of inverse condemnation. This means that if a utility’s equipment sparks a fire, the company is responsible for damages regardless of whether it acted negligently. This doctrine is based on the idea that utilities, as public service providers, should bear the financial burden of damages rather than individual victims.
Strict Liability
Some states have strict liability laws for wildfires, meaning that if a utility company’s equipment starts a fire, the company is automatically liable, regardless of intent or negligence. These laws are designed to ensure that victims can receive compensation without the burden of proving fault.
How Widespread is the Problem?
While California has seen the most high-profile utility-caused wildfires, the problem extends beyond the state’s borders. States such as Oregon, Washington, Texas, and Colorado have also experienced wildfires linked to power lines and electrical infrastructure.
- Oregon: In 2020, multiple wildfires were ignited by power lines during extreme wind conditions, leading to lawsuits against utility providers for failing to shut off power during hazardous weather.
- Washington: In recent years, wildfires in eastern Washington have been attributed to aging electrical infrastructure and inadequate vegetation management by utility companies.
- Texas: In 2022, wildfires in the Texas Panhandle were linked to downed power lines, raising concerns about utility preparedness and maintenance in high-risk areas.
- Colorado: The 2021 Marshall Fire, which destroyed over 1,000 homes, was suspected to have been caused by power lines and other utility-related failures.
These incidents demonstrate that utility-caused wildfires are not confined to one region but represent a broader national issue requiring urgent attention.
Injuries and Hazards of Utility-Caused Wildfires
Utility-caused wildfires pose severe threats to both human life and the environment. These fires can spread rapidly, leaving little time for evacuation and significantly increasing the risk of serious injuries or death. Common hazards and injuries associated with utility-caused wildfires include:
Burn Injuries
Wildfires generate extreme heat, leading to severe burn injuries for those caught in their path. Burn victims may suffer from:
- First-degree burns (minor skin damage)
- Second-degree burns (blistering and deeper tissue damage)
- Third-degree burns (destruction of skin and underlying tissues, often requiring extensive medical treatment and surgeries)
Severe burns can result in permanent scarring, infections, and long-term disability.
Smoke Inhalation and Respiratory Issues
Wildfire smoke contains hazardous pollutants, including carbon monoxide, fine particulate matter, and toxic chemicals. Exposure to heavy smoke can cause:
- Difficulty breathing
- Asthma attacks
- Lung infections
- Long-term respiratory conditions such as chronic obstructive pulmonary disease (COPD)
Smoke inhalation can be fatal, especially for individuals with preexisting respiratory conditions.
Traumatic Injuries and Fatalities
Wildfires often force people to evacuate under dangerous conditions, leading to accidents, falls, and other traumatic injuries. Additionally, collapsing structures, flying debris, and vehicle crashes during evacuations contribute to fatalities and severe injuries.
Psychological Trauma
Survivors of wildfires often experience lasting emotional and psychological distress, including:
- Post-traumatic stress disorder (PTSD)
- Anxiety and depression
- Sleep disorders
- Survivor’s guilt
The loss of homes, loved ones, and livelihoods can have a devastating impact on mental health, requiring long-term counseling and therapy.
How Victims Can Seek Justice
Victims of utility-caused wildfires face devastating losses, including property destruction, injuries, and emotional trauma. Fortunately, legal options are available for those seeking justice and compensation.
Filing Lawsuits Against Utility Companies
Victims can pursue legal action against utility companies for damages resulting from wildfires. These lawsuits often seek compensation for:
- Property damage
- Medical expenses
- Lost income
- Emotional distress
- Wrongful death
Class action lawsuits are common in cases where multiple victims are affected by the same wildfire. These cases can result in significant settlements, as seen with PG&E, which has paid billions to wildfire victims in recent years.
Government Assistance and Insurance Claims
In addition to legal claims, victims may be eligible for government assistance through the Federal Emergency Management Agency (FEMA) and other relief programs. Homeowners insurance may also cover wildfire-related losses, though insurance disputes can arise when companies attempt to deny or undervalue claims.
Advocating for Stronger Regulations
Legal action is not only about compensation—it also plays a role in pushing for stronger safety regulations. Utility companies must be held accountable to prevent future wildfires by investing in infrastructure improvements, implementing power shutoff programs during high-risk conditions, and conducting regular inspections and maintenance.
Getting Help after Wildfire Injuries
Utility-caused wildfires are a growing national problem with devastating consequences for communities across the country. As climate change intensifies wildfire risks, utility companies must take greater responsibility for preventing these disasters. Legal action remains one of the most effective tools for holding utilities accountable and ensuring that victims receive the compensation they deserve.
At Kherkher Garcia, our attorneys help clients recover compensation and justice. We are dedicated to helping wildfire victims fight for their rights and hold negligent utility companies accountable. If you or a loved one has been affected by a wildfire caused by a utility company, our team can help you navigate the complex process of filing claims.
Call us at 713-333-1030 to begin your free consultation and learn more about your legal rights and options. You can also reach out to us online using our website contact form.
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