Under Civil Code section 1714, “Everyone is responsible” for an injury caused to another by “want of ordinary care,” except so far as the injured person has “brought the injury upon” himself or herself.
This article states what these statutes say about injury and death claims against private parties, such as people and companies, including electric utilities owned by investors. Utilities owned by a city or another government agency are outside this article.
The filing period for an injury or death claim
Under Code of Civil Procedure section 335.1, the period is “two years” for an action for injury to, or for the death of, an individual “caused by the wrongful act or neglect of another.”
As a general rule, the two years are counted from the day of the injury. Deadlines can depend on your situation and on who the claim is against. Consult an attorney. For a death, see the firm’s wrongful death page.
Public utility statutes
In Public Utilities Code section 216, “public utility” includes every “electrical corporation,” among other kinds of companies, where the service is performed for “the public or any portion thereof.”
Under section 2106 of that code, a public utility is liable to the persons affected for injury caused by an act that the Constitution, a law of this State, or an order or decision of the “commission” has “prohibited or declared unlawful,” or by its failure to do an act they require “to be done.” An action to recover for that injury “may be brought in any court of competent jurisdiction by any corporation or person.”
This article states what these sections say. It does not say whether any law was broken in any fire.
How a fire’s origin and cause are investigated
CAL FIRE says its investigators “respond to fires statewide” and use multiple resources “to help determine the cause of an incident.” CAL FIRE also lists investigating fires among the primary roles of its law enforcement personnel. The Los Angeles Fire Department lists this duty for its arson investigators, “Investigate fire scenes to determine origin and cause.” The United States Forest Service says its law enforcement officers and agents are trained “to investigate the cause of wildfires.”
The California Public Utilities Commission (CPUC) has a Safety and Enforcement Division that conducts staff investigations of wildfires involved with equipment of electric investor-owned utilities, “to assess utility compliance with applicable rules and regulations.” The CPUC page says, “Staff do not determine the cause of the fire.” The CPUC page also says that after its staff conclude an investigation, an investigation report is prepared.
CAL FIRE takes public records requests through its Public Records Center portal or in writing to its Legal Office. The Records Unit of the Los Angeles Fire Department “processes requests for fire incident reports.” Los Angeles County Fire asks a person requesting incident reports to complete an “Information Request Form” and to provide “the date, location and approximate time of the incident.”
Injuries from wildfires
MedlinePlus, from the National Institutes of Health, says burns can leave permanent scars. MedlinePlus also says urgent medical care for major burns can help prevent scarring, disability, and deformity. MedlinePlus says a person can also burn the airways by breathing in smoke, steam, superheated air, or chemical fumes in poorly ventilated areas.
MedlinePlus says inhalation injuries can happen if a person breathes in toxic substances, such as smoke from fires. MedlinePlus says most people get better, but some people have permanent lung or breathing problems. MedlinePlus says an inhalation injury can make a chronic heart or lung problem worse.
The CDC says wildfire smoke can make anyone sick, but some people have a higher risk of getting sick. The CDC says breathing in smoke can affect a person right away, causing coughing, trouble breathing, wheezing, asthma attacks, chest pain, and a fast heartbeat. The CDC lists children, people who are pregnant, and responders among the people most at risk. It also lists people with chronic conditions like asthma, diabetes, chronic kidney disease, or heart disease.
Related reading
You can read our article on what counts as a catastrophic injury for a related topic. You can also read the firm’s pages on catastrophic injury, wrongful death, and personal injury, or contact the firm.
See also: Burn Injury Lawyer Serving Los Angeles and Wrongful Death and Survival Actions in California.
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