Can I Sue for Wildfire Damages?

Residents of the Pacific Northwest are unfortunately all too familiar with the threat of wildfires to the surrounding community. As fires currently rage across the region, many residents have been displaced from their homes while firefighters have sacrificed their lives combatting the flames. Beginning with a lightning strike on August 15, the fires now encompass thousands of acres from multiple sources.

Considering the sheer amount of property in the path of danger, responsibility for damage comes with a potentially multimillion dollar price tag. However, wildfire protection insurance aside, the question of responsibility for these types of fires and compensation from a legal standpoint can become tricky. When dealing with any type of personal injury case involving harm or an accident, determining negligence is usually key to finding who is at fault. This same logic is also true for cases involving wildfires but can vary depending on the circumstances by which they were started. For example, if a wildfire is started by human error, whether by negligent disposal of a burning object or intentional arson, then that individual or company may be reasonably held directly for damages. As is the current case in the Pacific Northwest however, it may be difficult to find negligence when the fire was started by nature.

If the fire was created by natural causes, negligence can come on behalf of state governments or government agencies that have not done enough to prevent the impact of a wildfire, either by not allocating enough resources for counter measures or not reacting to the spread of a fire. Just last year, a similar situation happened in Washington where a series of 1,480 wildfires burned almost 400,000 acres of land across the state and homeowners’ damage claims were denied by the Department of Natural Resources even though the department refused to fight the fire on land that directly led to nearby homes exploding in flames. In response, more than 150 property owners prepared to file suit against the state, claiming that negligence on behalf of the DNR lead to the spread of a preventable fire.

Comparable situations have also happened in Arizona and California where failing to take appropriate safety measures, such as thinning forests, has led to claims of negligence against government personnel. In regard to the recent outbreak of fires, Public Lands Council President Brenda Richards explained in a letter to the White House that, “This year’s fire season has proven once again the federal mismanagement of our forests and rangeland.” Therefore, natural causes do not automatically abdicate all responsibility, especially when the damage is preventable. Therefore, if your home or property is in danger of being destroyed by a wildfire, be sure to contact a Vancouver personal injury lawyer who can explain your rights and fight for fair compensation. No one should have to fight a wildfire unaided or tackle the legal system alone, so learn your rights and get the help you need today.