Amidst the tragic wildfires claiming over a hundred lives in Maui, Hawaii, legal actions have been initiated, accusing Hawaiian Electric of utility negligence.
In light of the recent wildfires that decimated Maui, questions arise about the origin of the most lethal wildfire in the U.S. for over 100 years. Hawaiian Electric, the utility provider for roughly 95% of Hawaii’s 1.4 million population, finds itself under scrutiny. Accusations in a lawsuit suggest the company’s alleged negligence contributed to the Lahaina wildfire which resulted in over 100 fatalities so far.
While the official reason for the fire remains undetermined, local residents of Lahaina have initiated a collective lawsuit against the electricity provider. They claim that before the outbreak of the fires, the company “chose not to deenergize their power lines during the High Wind Watch and Red Flag Warning conditions for Maui before the Lahaina Fire started.” Furthermore, the lawsuit suggests the company did not disconnect power lines as the fires raged.
Absence of Preventive Measures
Unlike practices in states such as California, Oregon, and Nevada, Hawaiian Electric did not implement a preemptive power shut-off procedure to halt power supply in areas facing strong winds and heightened fire risks.
Strong wind bursts led to the falling of about 30 power poles in the vicinity on August 8, many toppling onto trees and highways, hindering escape routes. Maui County’s head, Richard Bissen, verified that some of these lines were live when they made contact with the ground.
A report from the Washington Post highlighted that while Hawaiian Electric recognized the benefits of a power cut-off approach, it wasn’t integrated into their fire prevention strategies. A representative for Hawaiian Electric, Jim Kelly, shared with CNN that an official power shut-off system wasn’t operational, given the necessity of electricity to furnish water to fire brigades.
“Quick, unplanned power interruptions require coordination with emergency services. In Lahaina, power drives the water supply systems essential for firefighting,” Kelly relayed to the New York Times.
According to assessments by research agency CoreLogic, housing property damages are valued at roughly $1.3 billion. However, Hawaii’s Governor, Josh Green, speculates that the damage “approach $6 billion.” Subsequent to these estimates, Hawaii’s leading legal official, Anne Lopez, unveiled plans for an “comprehensive review” of the policies and choices tied to the fires, a situation the state was largely ill-equipped for.
Power company played a major role in the Maui fires, according to a legal claim.
On behalf of five inhabitants of Lahaina, a lawsuit was brought forth, highlighting a significant contributor to the recent Maui fire disaster: a renowned local power firm.
The legal document states that Hawaiian Electric Industries needs to answer for its purported role in the blaze. The company was central to the most fatal U.S. wildfire in over a hundred years, resulting in at least 100 casualties, destruction of historical sites, and homelessness for many.
The legal claim accuses Hawaiian Electric of showing apathy towards potential repercussions that culminated in the fires, engulfing more than 11,000 acres on Aug. 9. Furthermore, it emphasized the company’s lack of action in shutting down power in susceptible regions. The document mentions that Hawaiian Electric should’ve deactivated their lines, especially considering their outdated infrastructure composed of wooden pillars and uncovered electrical lines. The company’s track record of neglecting the dry foliage around their power infrastructure and equipment oversight is also highlighted.
Ahead of Hurricane Dora’s course south of the region, local authorities received alerts about heightened fire risks. The National Weather Service flagged a “fire climate alert” for the region on August. 6. A day later, a heightened alert was raised due to predicted “intense and gusty winds from the east,” perfect conditions for fire spread.
The complainants in this lawsuit are individuals who suffered property losses in the fire and aim to utilize any compensations to rebuild and recoup.
While the complainants chose to remain silent on the matter, several Maui inhabitants have expressed dissatisfaction with the preventative and warning measures.
What is utility negligence?
Utility negligence refers to the failure of a utility company (such as electricity, water, gas, or telecommunications providers) to exercise the proper care and precautions that are reasonably expected in their operations, resulting in harm or injury to people, property, or the environment.
Some examples of situations that might involve utility negligence include:
- Power Lines: If a power company fails to maintain its infrastructure and a downed power line causes a fire or electrocution.
- Gas Leaks: If a gas company fails to properly maintain its pipelines, leading to a leak that results in an explosion or exposure to hazardous materials.
- Water Contamination: A water utility failing to ensure that the water supply is clean and safe for consumption, leading to illness or other health issues for those who consume it.
- Inadequate Maintenance: If any utility doesn’t regularly inspect and repair its infrastructure, leading to malfunctions or safety hazards.
To establish utility negligence in a legal context, one typically needs to demonstrate:
- The utility owed a duty of care to the injured party.
- The utility breached that duty of care (e.g., by failing to perform necessary maintenance).
- The breach of duty directly resulted in harm or injury.
- The injured party suffered actual damages as a result of the utility’s breach.
If utility negligence is proven in a court of law, the utility company could be held liable for damages.
CONTACT PARKER WAICHMAN LLP FOR A FREE CASE REVIEW
Parker Waichman LLP helps families recover monetary compensation for harm and damages caused by Hawaii Electric’s negligence. For your free consultation, contact our national law firm today by using our live chat or calling 1-800-YOUR-LAWYER (1-800-968-7529).