If a power line, transformer, or other piece of utility equipment started the fire that destroyed your home or business, you may be able to bring a wildfire lawsuit. California utility companies can be held responsible for fire losses, and in many cases you do not have to prove the utility was careless to recover for your property. California courts have long applied a doctrine called inverse condemnation to utilities whose equipment ignites a fire, and fire victims can also sue for negligence, trespass, and nuisance to recover losses that inverse condemnation does not cover, including personal injury and emotional distress.
The short answer: you can usually pursue an insurance claim and a lawsuit at the same time, every household has its own claim even when thousands of people were affected, and the deadlines are shorter than most people expect — generally two years for personal injury and three years for property damage, and as little as six months if a public entity may share responsibility. Below I explain how these cases work, what you can recover, and what to do now.
Who can bring a wildfire lawsuit against a utility
You may have a claim if you suffered any of the following in a fire allegedly started by utility equipment:
- Your home, rental property, or business was destroyed or damaged, including by smoke, soot, or ash.
- You were forced to evacuate and lost the use of your home or income from your business.
- You or a family member were burned, injured by smoke inhalation, or otherwise hurt.
- You lost a loved one in the fire.
- You are a renter who lost personal property and had to relocate.
Owners, renters, business owners, and employees whose workplaces burned can all have claims. You do not need to have lost everything; partial loss and smoke damage cases are real cases.
Wildfire lawsuit: California utility legal theories
Inverse condemnation: liability without proving fault
Article I, section 19 of the California Constitution requires the government to pay just compensation when it takes or damages private property for public use. In Barham v. Southern California Edison Co. (1999), the Court of Appeal applied that principle to an investor-owned utility, holding that a utility whose equipment, deployed as part of its public service, is a substantial cause of a fire can be liable for the resulting property damage even without negligence. Later cases have followed that rule.
Inverse condemnation covers property damage and allows recovery of reasonable attorney, appraisal, and engineering fees under Code of Civil Procedure § 1036. It does not cover personal injury or emotional distress. The doctrine has been the subject of active debate in Sacramento since the 2025 fires, so the precise rules should be checked against current law when your claim is evaluated.
Negligence
A negligence claim asks whether the utility failed to act reasonably — for example, in maintaining lines and poles, clearing vegetation, inspecting equipment, or deciding whether to de-energize lines during high-wind conditions. Negligence is the vehicle for personal injury, wrongful death, and emotional distress damages, and it can open the door to punitive damages if the evidence shows conscious disregard of safety.
Trespass and nuisance
Fire, smoke, and ash entering your property can support claims for trespass and private nuisance. These claims can allow recovery for annoyance, discomfort, and disruption of your use and enjoyment of your home.
Public Utilities Code § 2106
Public Utilities Code § 2106 makes a public utility liable for loss, damage, or injury caused by its violation of the Constitution, a statute, or an order or rule of the California Public Utilities Commission — and permits exemplary damages where the violation was willful. Safety rules on line clearance and equipment maintenance often come into play here.
Health & Safety Code § 13007 and Civil Code § 3346
Health and Safety Code § 13007 makes anyone who negligently or unlawfully sets a fire, or allows it to escape, liable for the resulting damage to others' property. Where trees and vegetation are destroyed, Civil Code § 3346 can increase recovery for wrongful injury to trees — generally double damages for negligent harm and treble for willful harm. Whether these multipliers apply depends on the theory of liability and the facts, which is one reason the theories you plead matter.
What damages you can recover
A well-prepared wildfire claim accounts for every category of loss, not just the structure. Recoverable damages can include:
- Real property: the cost to rebuild or repair, or the loss in value of your property.
- Personal property and contents: furniture, clothing, electronics, tools, vehicles, heirlooms.
- Trees and landscaping: often valued separately, and potentially subject to Civil Code § 3346.
- Smoke, soot, and ash damage: cleaning, remediation, testing, and replacement of contaminated items.
- Loss of use and additional living expenses: rent, hotels, mileage, and the cost of being displaced.
- Business losses: lost profits, inventory, equipment, and business interruption.
- Personal injury and wrongful death: medical care, lost earnings, pain and suffering.
- Emotional distress, annoyance, and discomfort: available under negligence, trespass, and nuisance theories, not inverse condemnation.
- Fees and costs: attorney, appraisal, and engineering fees on inverse condemnation claims.
How insurance and a wildfire lawsuit work together
This is the question I hear most from fire survivors: “If I take my insurance money, can I still sue?” Yes. Your insurance claim and your claim against the utility are separate. You should file with your insurer right away, and you can pursue the utility at the same time.
- Subrogation: your insurer will usually seek reimbursement from the utility for what it paid you. That is the insurer's claim, not yours.
- Underinsurance: most fire survivors discover their coverage limits do not match the real cost to rebuild. Your lawsuit seeks the gap — uninsured and underinsured losses, plus categories insurance never covers, such as emotional distress.
- No double recovery: you cannot be paid twice for the same dollar of loss, but documenting the full loss protects what is truly yours.
Keep every policy, letter, claim number, and payment record. Your insurance file becomes part of your damages proof.
Deadlines for a California fire claim
Deadlines depend on the type of claim and who the defendant is:
- Personal injury and wrongful death: generally two years under Code of Civil Procedure § 335.1.
- Damage to real and personal property: generally three years under Code of Civil Procedure § 338.
- Public entities: if a city, county, water district, or other public agency may share responsibility, a written government claim is generally due within six months for injury and property claims under Government Code § 911.2. Missing that deadline can bar the claim.
Accrual rules and tolling can change these dates in particular cases, so treat them as outer limits, not targets. Evidence also disappears quickly — burned lots get cleared and equipment gets replaced.
Mass tort or individual case: why your household still matters
Large wildfires produce thousands of claims, and courts often coordinate them into a single proceeding so common questions — what started the fire, and whether the utility is liable — are decided once. That is efficient, but it is not a class action in which everyone receives the same check.
In a coordinated mass tort, each household keeps its own claim, its own damages, and its own settlement value. Your rebuild costs, your uninsured contents, your business losses, and your family's injuries are specific to you. A claim that is documented carefully and prepared as if it will be tried is the claim that gets paid fairly. In my practice, I have seen that trial readiness, not the size of the group, drives settlement value.
That is the approach at LaCour Trial Lawyers, where I serve as founding partner and lead trial counsel. The firm represents people affected by the Eaton Fire, where lawsuits allege that Southern California Edison equipment was involved in the fire's ignition. Those allegations will be resolved through the litigation; what each survivor can do now is protect the record of their own losses.
Your wildfire documentation checklist
- Photos and video of your property before the fire (search phones, social media, real estate listings, and family albums).
- Photos and video of the damage, including smoke and ash inside rooms that did not burn.
- A room-by-room contents inventory, with receipts, bank and card statements, or online order histories where possible.
- Your insurance policy, declarations page, claim correspondence, and every payment.
- Receipts for evacuation, hotel, rent, food, mileage, and replacement purchases.
- Contractor estimates, appraisals, and rebuild bids.
- Business records: tax returns, profit-and-loss statements, payroll, and lost contracts.
- Medical records for any burns, smoke inhalation, respiratory problems, or counseling.
- Evacuation orders, alerts, texts, and a written timeline of what you saw and when.
- Photos or video of utility equipment, downed lines, or sparks near the origin, and names of witnesses.
Beware of solicitation, lowball offers, and company compensation programs
After a major fire, survivors are targeted by aggressive solicitation, “fire chasers,” and quick-cash offers to buy damaged lots. Under California law, lawyers may not solicit you in person or by phone, and you never have to sign anything on the spot.
Utilities sometimes create direct compensation programs that offer payment in exchange for a release of claims. Some people choose those programs, and that is their right. But read every release carefully before you sign. A release typically ends your right to sue for every category it covers — including losses you have not yet discovered, such as smoke damage that surfaces months later or health effects. Compare any offer against a complete valuation of your claim before you decide.
Talk with a trial lawyer before you sign
A wildfire lawsuit against a California utility is often how survivors close the gap between what insurance pays and what it actually costs to rebuild a life. Jonathan LaCour and the team at LaCour Trial Lawyers offer free consultations to people who lost homes, businesses, or loved ones, or who were injured or displaced, in California wildfires including the Eaton Fire. Learn more about Jonathan's background, review results the firms have obtained, or reach out today at 310.853.3461 to have your claim reviewed before a deadline passes.
Frequently asked questions.
Can I sue Southern California Edison for the Eaton Fire?
Lawsuits filed on behalf of Eaton Fire survivors allege that Southern California Edison equipment was involved in starting the fire, and those claims are being litigated. If you lost property, were displaced, or were injured, you may be able to join that litigation with your own individual claim. Speak with a lawyer promptly so deadlines are protected and your losses are documented.
Do I have to prove the utility was negligent to recover for my burned home?
Not always. Under California's inverse condemnation doctrine, a utility whose equipment was a substantial cause of a fire can be liable for property damage without proof of negligence. Negligence still matters for personal injury, emotional distress, and punitive damages, which inverse condemnation does not cover, so most complaints plead several theories together.
Can I file an insurance claim and a wildfire lawsuit at the same time?
Yes. Your insurance claim and your claim against the responsible party are separate. File with your insurer immediately. Your insurer may pursue the utility for what it paid you through subrogation, while your lawsuit seeks uninsured and underinsured losses and damages insurance does not cover, such as emotional distress. You cannot be paid twice for the same loss.
How long do I have to file a wildfire lawsuit in California?
Generally two years for personal injury and wrongful death under Code of Civil Procedure section 335.1, and three years for property damage under section 338. If a public entity may be responsible, a government claim is generally due within six months. Specific facts can change these dates, so do not wait until the end of any period.
Should I accept a utility's wildfire compensation program offer?
It is your choice, but read the release first. Compensation programs usually require you to give up your right to sue for the losses covered, sometimes including future or undiscovered harm. Before signing, compare the offer to a full valuation of your property, contents, trees, loss of use, business losses, and injuries, ideally with a lawyer's review.