Inverse Condemnation
Wildfire Liability in California: A Primer
California has a unique approach to lawsuits against utilities for causing fires.
Like other states, California allows wildfire lawsuits against utilities based on negligence. When a plaintiff can prove that the utility was negligent – in other words, failed to exercise reasonable care – plaintiffs can recover for environmental damage, reforestation costs, and loss of profits. But California also allows recovery even when a utility did nothing wrong, under a theory called inverse condemnation. The PG&E bankruptcy made it clear that no-fault utility liability could threaten the financial health of the power system. The legislature created a new fund to deal with the problem.
CONTINUE READINGGuest Contributor Samantha Zurcher: The Current State of Wildfire Liability in California
Wildfires Are Ravaging California. Can Electric Utilities Take the Heat?
In recent years, California has experienced its largest and deadliest wildfires in history, resulting in hundreds of fatalities and more than $50 billion in damage. The confluence of rising temperatures, less rainfall, and strong winds signal that the annual “wildfire season” is here to stay, and will continue to proliferate. Every year, thousands of Californians …
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