Inverse Condemnation and How it Applies to the 2018 Camp Fire

In California, our history takes us back to a theory that has been applied to many wildfires of the past: inverse condemnation. Under this doctrine, utilities such as PG&E will have to pay for any wildfire damages that are traced to their equipment even if they did not act in a negligent manner while maintaining it. Unfortunately, try as PG&E might to escape liability for the wildfires that started under its wing, releasing utilities of these financial responsibilities is not something that is expected in the future.

As it stands right now, if investigators find that PG&E did have faulty equipment and its electrical lines started the fires, the company will most likely be held liable for economic damages for those who have been injured, lost property, or lost loved ones. This doesn’t matter if outright negligence played a role or not, as their equipment has tied them to these losses.

PG&E Liability and Rate Increases 

PG&E has stated that they have filed for bankruptcy and that rate increases might help them pay for a majority of the damages that have stemmed from their negligence, as they and other utilities have done in the past. However, we might see that this is not possible due to the California Public Utilities Commission, who actually stepped in and blocked the San Diego Gas & Electric Company from passing liability onto the buyers of their service in 2007 when a horrific wildfire broke out. This meant that they were fully responsible for finding a way to pass on the $379 million in liability costs that they owed to others.

PG&E now remains under fire, as lawyers are unsure of what the company’s motives are. They believe that filing for Chapter 11 bankruptcy was a way to absolve all responsibility for the wildfire and discount lawsuits. It is believed that the company is not taking the tragedy as seriously as they can, which leaves many people in the dark as tens of thousands have lost their homes, 86 have died, and thousands have received various burn and smoke inhalation-related injuries and wonder where they will turn during this desperate time.

PG&E might be attempting to skirt liability through its bankruptcy filing, which leaves many other people in the dark who received damages due to the Camp Fire. Under bankruptcy, where proceedings have already started, wildfire victims with claims already entered into court will now be treated just like unsecured creditors. It is true that many of the claims might be delayed and discounted, which could spell trouble for those in need who are left to take care of funeral costs, medical bills, and missed time at work on their own.

Why You Should Have Legal Representation 

Natural disasters such as wildfires happen all over California but, as we have found, many of these fires can easily be prevented. It is imperative that you move forward with the help of an attorney at this time, especially if you believe that a large corporation is playing tricks and acting in a negligent manner when it comes to your claim and your right to compensation. Luckily, you never have to face a wildfire claim alone with experienced help on your side. At Brady Law Group, our attorneys believe that you should always seek legal representation in the face of a wildfire. Whether you have lost a loved one or suffered from serious burn injuries, we are willing to speak with you about your case and accurately assess your needs, putting your rights at top priority. Contact us to find out what we can do for you at 866-478-6483.