EDITORIAL: Assessing liability for October’s fires
Given the mix of warm, gusty winds and an abundance of dry fuel, that's not a big surprise.
Look beyond the headline, and you see that
Because of a legal standard known as inverse condemnation, that distinction may not matter in the civil lawsuits filed against
The issue of negligence should, however, inform legislative debates about liability for future wildfires.
So far,
Investigators linked all 16 fires to
Five other fires started despite proper brush clearance and equipment maintenance.
(
Along with
If a utility is convicted of a criminal violation -- and
But what about wildfires where there isn't a criminal violation, or any finding of negligence on the part of
It seems to us that there is room for discussion.
Under the present rules, utilities can be held liable for fires tied to their equipment, even if they were in compliance with safety regulations. And requests to pass some or all of those costs on to customers have been denied by the
One result is a race to the courthouse after major wildfires.
Litigation is an expensive and time-consuming approach, especially considering the large number of underinsured victims still trying to figure out how to rebuild.
A bill by state Sen.
Protection still would be needed for people who suffer losses in utility-related wildfires that aren't caused by negligence. One alternative under discussion, according to
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