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Can You File a Lawsuit for Wildfire Damages?

If you lose your home, business or other property or are evacuated, temporarily displaced, injured or lose a loved one in a wildfire, you might be able to file a lawsuit for compensation.

Residents who lost their homes and property in the 2025 Los Angeles wildfires are filing lawsuits against public utility companies and city officials. These lawsuits highlight weaknesses in how utilities and water systems are managed in an area that frequently experiences wildfires.

According to the Los Angeles Times, at least 29 people died and over 16,000 buildings were destroyed in the Eaton, Hughes and Palisades Fires in January 2025. The wildfires burned a combined total of more than 47,000 acres.

Understanding Liability in the 2025 Los Angeles Wildfires

Some Los Angeles wildfire survivors are filing lawsuits claiming that Southern California Edison’s equipment may have caused the Eaton Fire. Others claim the Los Angeles Department of Water and Power was inadequately prepared to supply water to fire hydrants.

Lawsuits Against Southern California Edison

People filing lawsuits claim that Southern California Edison (SCE) did not properly care for its power lines. This negligence may have played a role in causing the Eaton fire, which resulted in at least 17 deaths and destroyed over 9,400 buildings.

Key Southern California Edison Lawsuit Allegations:
  • Failing to shut off power during extreme fire risk conditions despite weather warnings.
  • Negligence in maintaining electrical equipment leading to sparks near the fire’s origin.
  • Trying to withhold evidence, with attorneys claiming Southern California Edison marked crucial documents as “Confidential.”

Southern California Edison claims it isn’t responsible for the fire, saying that its equipment showed no issues but that investigations are still underway. However, lawyers argue that video footage captures sparks from Southern California Edison’s power lines just before the fire started.

Although the courts have not yet decided who is at fault, Southern California Edison has dealt with past lawsuits related to wildfires, resulting in significant settlements. These include an $80 million settlement in the 2020 Bobcat Fire.

Lawsuits Against Los Angeles Department of Water and Power

People are also filing lawsuits against the Los Angeles Department of Water and Power. They claim that poor management of water resources made the fires worse. Reality TV stars Spencer Pratt and Heidi Montag are among those, joining 20 other property owners in a class action lawsuit.

Key Lawsuit Details
  • Empty reservoir: The lawsuits argue that the 117 million-gallon Santa Ynez Reservoir was empty for almost a year, leaving firefighters without enough water to fight the flames effectively.
  • Fire hydrant issues: Governor Gavin Newsom acknowledged that some fire hydrants lacked adequate water pressure, hindering emergency efforts.

The Los Angeles Department of Water and Power acknowledged pressure issues during the fires. Representatives said they tried to mitigate these issues by shutting off water that was unnecessarily running, deploying water tankers and installing additional valves for added water flow.

Steps to Pursue Compensation

You have a limited time to file a California wildfire lawsuit. This limit, called the statute of limitations, differs depending on whether you were injured or your property was damaged or destroyed.

California Statute of Limitations
  • Personal injury (including death of a loved one): Two years from the date of the injury or death.
  • Property damage: Three years from the date the damage occurred.

If you do not file your lawsuit before the statute of limitations passes, you’ll likely lose your case.

Documenting Your Losses

You’ll need documentation to show the value of your lost property. This involves collecting evidence of damages, including:

  • Financial records for lost wages or business income.
  • Medical records for injuries.
  • Photos and videos of property damage.
  • Receipts for repairs, replacements and temporary housing.

Let your insurance company know about your losses immediately and share any related documents. Keep a record of all your conversations with them.

Talk to an Experienced Attorney

Contact a lawyer specializing in environmental or wildfire lawsuits. They can guide you through the legal process, including filing claims and lawsuits against responsible parties like utility companies, public utilities and agencies, or negligent individuals.
Wildfire lawsuits can be complicated. The companies or organizations you file suits against will have attorneys. It’s important to talk to an attorney specializing in this type of litigation to ensure you receive appropriate compensation.

Filing a Claim

Your lawyer will help you prepare documents and guide you through the legal process.

The California Wildfire Process
  • Your attorney will create and submit a formal complaint that explains the damages you've suffered and names the people or organizations responsible. This could involve claims related to negligence or issues with utility companies.
  • They will help you gather the evidence and testimonies needed for your case and manage the other steps the court requires before going to trial or negotiating a settlement. Your lawyer will handle most of this on your behalf.
  • They will negotiate with the parties involved to potentially reach a settlement. If negotiation is unsuccessful, the case will go to trial.

Whether you receive a settlement or go to trial, your lawyer will help you navigate the entire process.

Types of Compensation Available

If you suffered losses from the California wildfires, you may seek compensation for various damages based on the nature of your loss. These can include financial, personal and property-related losses caused by the disaster.

Wildfire Compensation Categories
  • Property-related damages: Repair, depreciation or replacement of lost, damaged or eroded property.
  • Income losses: Lost wages, business profits or earning capacity.
  • Living expenses: Evacuation and alternative living costs.
  • Personal impacts: Emotional distress, medical expenses and loss of enjoyment of property.
  • Legal and punitive damages: Attorney fees, litigation costs and punitive damages to deter future negligence.

You can also ask for any other fair compensation the court considers appropriate if a wildfire impacts you.

Who Is Filing Wildfire Lawsuits?

The California wildfire lawsuits include both individual and class action lawsuits.

People suing the Los Angeles Department of Water and Power have joined a class action lawsuit. This involves many people suing a company or organization for similar damages, allowing them to share legal costs and divide any settlement. Class action lawsuits are often quicker and more cost-effective, especially for minor damages affecting many people.

In contrast, individual lawsuits against Southern California Edison are some of the earliest lawsuits resulting from these fires. These lawsuits allow one person to seek compensation tailored to their specific losses.

Those with significant damages may prefer to file individual lawsuits to ensure they receive fair compensation for their unique situation.

Case Study: Eaton Fire Lawsuit – Kreiner vs. Southern California Edison

On January 7, 2025, the Eaton Fire broke out in Pasadena, California, near Eaton Canyon. Michael Kreiner, who rented a home damaged in this wildfire, is among the people suing. He claims that lines owned by Southern California Edison caused the fire.

His lawsuit claims the wildfire caused extensive damage to homes and personal belongings, forced many residents to evacuate and caused severe disruptions in the lives of those impacted.

Defendants and Allegations

Southern California Edison and its parent company, Edison International, are accused of failing to maintain their electrical equipment properly. As a result, affected people are asking for compensation for damage to their property, emotional suffering, lost income and extra living costs. They are backing their claims with legal arguments, including a concept known as inverse condemnation.

Impact and Demands

The lawsuit seeks compensation for damaged property, lost income, costs associated with evacuation and additional penalties to prevent similar carelessness in the future.

Please seek the advice of a qualified professional before making decisions about your health or finances.
Last Modified: February 6, 2025

12 Cited Research Articles

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  1. Demczyk, M. (2025, January 29). Los Angeles Wildfires: Lawsuit Alleges Video Shows What Started Eaton Fire. Retrieved from https://wfin.com/fox-national-news/los-angeles-wildfires-lawsuit-alleges-video-shows-what-started-eaton-fire/
  2. Price, S. (2025, January 29). Los Angeles wildfires: Lawsuit Alleges Video Shows What Started Eaton Fire. Retrieved from https://www.yahoo.com/news/los-angeles-wildfires-lawsuit-alleges-150900915.html
  3. Times Staff. (2025, January 29). L.A. fire updates: Fire Victims Seek Answers About Rebuilding, Cleanup Timeline. Retrieved from https://www.latimes.com/california/live/la-fire-updates-floods-mud-rain-closures-laguna-eaton-palisades
  4. Kimelman, J. (2025, January 28). The LA County Fires Devastated Homes in the Wildland Urban Interface. Here’s What That Is. Retrieved from https://calmatters.org/environment/wildfires/2025/01/la-county-fires-wildland-urban-interface/
  5. Los Angeles Department of Water & Power. (2025, January 28). Remarks by LADWP Executives about Wind and Wildfire Response, January 2025 – Presented at Board of Water and Power Commission Meeting, Jan. 28. Retrieved from https://www.ladwpnews.com/remarks-by-ladwp-executives-about-wind-and-wildfire-response-january-2025-presented-at-board-of-water-and-power-commission-meeting-jan-28/
  6. Bailey, J. (2025, January 24). Los Angeles Wildfires: Residents Sue Over Lack of Water, But Did This Cause the Devastation? Retrieved from https://www.euronews.com/green/2025/01/24/los-angeles-wildfires-residents-sue-over-lack-of-water-but-did-this-cause-the-devastation
  7. Ding, J. (2025, January 24). Spencer Pratt, Heidi Montag Sue the City of Los Angeles After Losing Home in Fires. Retrieved from https://abc13.com/post/heidi-montag-spencer-pratt-sue-city-los-angeles-losing-home-california-wildfires/15832672/
  8. Gibson, K. (2025, January 16). Los Angeles Wildfires Spur Initial Round of Lawsuits Against Utilities. Retrieved from https://www.cbsnews.com/news/los-angeles-wildfires-lawsuits-utilities/
  9. Baker, L. (2025, January 13). Lawsuits Allege Power Company Involvement in LA Wildfires. Retrieved from https://www.npr.org/2025/01/13/g-s1-42603/lawsuits-allege-power-company-involvement-in-la-wildfires
  10. Kearney, L. (2025, January 13). Los Angeles Utility Sued Over Palisades Fire Water Shortage, Court Filing Shows. Retrieved from https://www.reuters.com/legal/los-angeles-utility-sued-palisades-fire-water-shortage-court-filing-shows-2025-01-14/
  11. Superior Court of California, County of Los Angeles. (2025, January 13). Kreiner v. Southern California Edison Company; Complaint. Retrieved from https://www.singletonschreiber.com/assets/htmldocuments/Singleton%20Schreiber%20-%20Filed%20Eaton%20Complaint.pdf
  12. California Courts. (n.d.). Deadlines to Sue Someone. Retrieved from https://selfhelp.courts.ca.gov/civil-lawsuit/statute-limitations