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Fire Damages across California: Who Is Liable?

In 2017 and 2018, California experienced record-breaking fires that devastated communities.
Fire seasons in California have become increasingly destructive as the state struggles to overcome a prolonged drought, abnormally high temperatures, and dry vegetation.

But, supposing someone you know – or yourself – is injured in a fire accident, you need to be aware of who to contact to seek compensation for the injuries sustained.

Here is how fire damage liability works in California.

How is Liability Determined in California’s Fire Damage Cases

In California, a wildfire’s monetary liability is determined by its cause. So, a person or organization can be held financially responsible for the costs incurred by victims of a wildfire if the fire resulted from the careless actions of that specific person or organization.

Here are the common factors that can contribute to the occurrence of wildfires in California:

  • Lightning
  • Equipment misuse
  • Dry weather
  • Poor-condition vehicles
  • Human activity
  • Arson
  • Unattended campfires
  • Flammable plants

Possibility of Bringing a Claim Against Another Party

A third-party liability claim is a lawsuit typically filed in wildfire damage cases. These lawsuits are typically against one or more entities and are based on negligence or recklessness. In a third-party fire-related damage lawsuit, the case depends on the origin of the fire and the severity of the harm done.

Individuals in this group who can be subject to a lawsuit include:

  • Power provider
  • Energy provider
  • Individual by accident or arson
  • Owner of a private residence
  • Product manufacturer

Determining If and When a Claim Applies

Not all fires have apparent origins. To prove that the defendants were careless, you can refer to an attorney to determine possible accountability, as entailed by Californian law. An extensive investigation and court proceedings will ensue to assign responsibility. You need to be prompt here because the longer you wait, the higher the risk that substantial evidence will have been tampered with or lost entirely.

Preventing fires and injuries can be achieved by reasonably maintaining and inspecting the property and removing potentially hazardous fire resources.

Filing a Claim

You might be eligible to receive compensation for damages if someone else was at fault for the loss of your property or the injury you suffered. To be successful as a claimant, you will need to provide evidence of carelessness as well as causation and damages.

With the help of an attorney, you can compile evidence such as witness statements and investigative reports and be awarded compensation in turn.

The Role of Insurance in Repairing Wildfire Devastation

By filing an insurance claim as soon as possible, you may be able to get wildfire damage compensation for the following:

  • Fees for materials and labor
  • Home repairs or reconstruction costs
  • Finding housing alternatives until your home is repaired
  • Restoration of a broken outdoor area, like landscaping and swimming pools
  • Repair costs for outbuildings like garages and sheds
  • Cost of fixing the roof, pipes, and water supply

Consult a Reliable Attorney Today

For any wildfire damages to your home or business office, reach out to Haffner Law to properly handle your case.

Our professional team represents individuals, families, and companies in wildfire-related disputes and offers the resources to take your case to court and win it in your favor. Get the best advice on the complexities of your fire damage case and contact us for a free consultation.

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