Maui Wildfires Lawsuit | Maui Wildfire Lawyers

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Jessica Paluch-Hoerman

Attorney Jessica Paluch-Hoerman, founder of TruLaw, has over 28 years of experience as a personal injury and mass tort attorney, and previously worked as an international tax attorney at Deloitte. Jessie collaborates with attorneys nationwide — enabling her to share reliable, up-to-date legal information with our readers.

This article has been written and reviewed for legal accuracy and clarity by the team of writers and legal experts at TruLaw and is as accurate as possible. This content should not be taken as legal advice from an attorney. If you would like to learn more about our owner and experienced injury lawyer, Jessie Paluch, you can do so here.

TruLaw does everything possible to make sure the information in this article is up to date and accurate. If you need specific legal advice about your case, contact us by using the chat on the bottom of this page. This article should not be taken as advice from an attorney.

Key takeaways:

  • The Maui wildfires that occurred in August 2023 have led to significant legal actions against Hawaiian Electric Industries and its subsidiaries.
  • Allegations suggest that Hawaiian Electric's negligence may have contributed to the severity of the fires.
  • Affected individuals are filing lawsuits to seek compensation for the damages and losses they experienced due to the wildfires.

Maui Wildfires Lawsuit Overview

On this page, we’ll discuss an overview of the Maui Wildfires Lawsuit, damages that can be claimed in the Maui Wildfire Lawsuits, examples of other recent wildfire disasters, and much more.

Intro to the Maui Wildfire Lawsuits

The island of Maui experienced severe wildfires that resulted in extensive damage to homes, landscapes, and infrastructure.

The fires caused significant distress for residents and had a devastating impact on the local environment.

Following the wildfires, legal action has been initiated.

Maui Wildfires Lawsuit Maui Fire Lawsuit

The aim of these legal proceedings is not only to seek compensation for the losses suffered, but also to prevent such an incident from occurring again in the future.

According to a report in the Washington Post, a series of legal battles is expected.

This pending litigation is against entities that are believed to have caused the wildfires.

The objective of these legal proceedings is to seek compensation for the damage caused and to ensure that measures are put in place to prevent such an incident from happening again.

The lawsuits are an important step in the recovery process for the residents of Maui (and, inherently, Maui County).

They serve as a means of seeking justice for the destruction caused by the wildfires and as a deterrent to prevent similar incidents in the future.

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Maui Wildfires Lawsuit; Maui Wildfire Lawyers

Background of the Maui Wildfires

The Maui wildfires have been significantly exacerbated by utility-related incidents.

These fires are frequently triggered by power lines or other equipment from utility companies that fail due to lack of maintenance or adverse weather conditions.

Maui Wildfires Lawsuit; Maui Wildfire Lawyers; Background Of The Maui Wildfires

In Maui, there have been several specific sites where such wildfires have occurred.

These include Kula Upcountry, Lahaina, Makawao, Pulehu/Kihei, and Olinda.

Each of these locations has its own unique history of wildfire incidents:

  • Kula Upcountry: Known for its lush greenery and serene landscapes, was left charred, its dry vegetation ablaze.
  • Lahaina, Hawaii: A tourist hotspot, known well by Maui residents — Lahaina, Hawaii was transformed into a scorching nightmare during the Lahaina fire.
  • Makawao: The rustic charm was replaced with smoky air and ashes due to the Maui wildfires.
  • Pulehu/Kihei: Once vibrant with life, now stands still amidst the devastation.
  • Olinda: The high-altitude beauty spot lost much of its charm to the raging fire.

The damage caused by these wildfires and hurricane winds, both examples of extreme weather events linked to climate change, is nothing short of catastrophic.

The Maui wildfires have a significant impact on the local environment and community.

This can be compared to other significant wildfires caused by utilities, such as the PG&E Camp Fire in California and the PacifiCorp fire in Oregon.

The following metrics provide a comparison of these wildfires:

Maui Wildfire:

PG&E Camp Fire:

Pacificorp (Oregon):

This comparison illustrates the severe impact of utility-caused wildfires in different regions.

These wildfires are not limited to Maui and are part of a larger pattern that can be observed in various vulnerable regions.

Each of these regions has its own experiences of loss and damage due to these fires.

Understanding Utility-Caused Wildfires

The phenomenon of wildfires caused by utilities, specifically power lines, is a serious concern.

Instances of trees or branches falling onto power lines can result in the ignition of wildfires, as has been documented in various instances such as the 2018 Camp Fire in California.

The Hazard of Trees Interacting with Power Lines

The interaction between trees and power lines can result in dangerous situations.

When trees or branches come into contact with power lines, it can lead to the generation of electrical sparks.

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These sparks can ignite dry vegetation in the vicinity, leading to the start of wildfires.

The 2018 Camp Fire in California is an example of a wildfire that was triggered by sparks from utility equipment.

Measures for Prevention

Expensive but Necessary.

Electric companies, a type of utility company, are often required to invest heavily in preventive measures.

These measures, which include trimming vegetation around power lines and insulating or burying them underground, can help mitigate the risk of wildfires:

  • Trimming Vegetation: The practice of regularly trimming trees near power lines can reduce the risk of them falling onto the lines and causing sparks.
  • Insulating Power Lines: By covering power lines with a protective material, the risk of sparks can be reduced. This is achieved by effectively de-energizing the lines.
  • Burying Power Lines: Although this is a costly measure, it significantly reduces the likelihood of wildfires caused by utilities.

Historical Approach of Utility Companies — Reactive vs Proactive

Historically, utility companies have predominantly adopted a reactive approach when dealing with wildfires (eg. holding a news conference).

This approach involved addressing the problem of wildfires after they occurred, rather than taking preventative measures to avert them.

This could be likened to treating a disease after it has manifested, as opposed to taking vaccines to prevent its occurrence.

However, legal actions such as the Maui wildfires lawsuit have instigated significant changes in this approach over time.

Currently, more companies are adopting proactive strategies within their operations for wildfire prevention, due to the potential legal implications.

One notable example is Pacific Gas and Electric (PG&E), which was found liable for several destructive fires in California that were caused by equipment failures.

The financial burden of multiple lawsuits led the power company to file for Chapter 11 bankruptcy.

The key takeaway from these situations is that while the implementation of preventative measures may appear expensive initially for utility companies, the failure to do so could lead to disastrous outcomes.

These could be financial, through lawsuits such as the Maui wildfires lawsuit, or more significantly, the loss of human lives and environmental damage caused by these avoidable disasters.

Lawsuits Arising from the Maui Wildfires

Hawaiian Electric in the Hot Seat

The aftermath of the devastating Maui wildfires saw a flurry of lawsuits filed against several entities, including Hawaiian Electric, the government, and others.

Plaintiffs in the Maui wildfires lawsuit claimed these parties failed to adequately manage and respond to the wildfire threat.

At the heart of these allegations is Hawaiian Electric’s supposed negligence.

The electric company has been accused of not de-energizing power lines during high-risk periods (also known as a public power shutoff plan), which will now delay grid modernization projects.

This alleged mismanagement led to sparks that initiated the deadly wildfire ignition, igniting dry vegetation and causing widespread wildfires.

Here are some key points raised in the lawsuits:

  • Failure to enforce safety measures: Critics argue that Hawaiian Electric didn’t adhere to precautionary measures like regular inspections and maintenance of their equipment.
  • Conscious indifference: Allegedly, despite being aware of adverse weather conditions conducive to wildfires, the company displayed conscious indifference by taking no action.
  • Lack of emergency response plans: It’s claimed there were no effective strategies in place for responding swiftly to prevent small fires from escalating.

The Class Action Lawsuit

In addition to individual suits, a class-action lawsuit has also been filed against Hawaiian Electric Industries (HEI).

This legal action represents a group of plaintiffs who, this lawsuit alleges, have had their interests adversely affected by HEI’s alleged negligence.

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The class-action suit focuses on several key allegations:

  1. Negligent Maintenance: HEI supposedly did not maintain its infrastructure properly which led to equipment failure and subsequent fires.
  2. Inadequate Response: HEI allegedly failed to react promptly or effectively when initial fire outbreaks occurred.
  3. Community Impact: The suit highlights significant damage caused by fires – property loss, environmental harm, and emotional distress among residents.

The ongoing legal battles highlight the importance for utility companies (such as Hawaiian Electric Industries) to place safety above financial gain.

People and their homes should always be placed above company profits.

Legal Implications and Responsibilities

Utility Companies’ Role

Power companies, such as those providing electricity through power lines, have a significant role in preventing wildfires.

The 2018 Camp Fire in California

Pacific Gas & Electric (PG&E) was held responsible for the disaster.

The deadly wildfire, one of many recent wildfires, sparked from their equipment resulted in 85 deaths and scorched over 150,000 acres — making it the deadliest of these wildfires in over a century.

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It led to PG&E’s bankruptcy due to the billions of dollars they had to pay out in damages.

In the case of Maui wildfires, if negligence from any utility company such as Hawaiian Electric is found contributing to the fire’s ignition or spread, they could be held legally accountable.

They could face lawsuits from victims seeking compensation for their losses.

Rights of Wildfire Victims

Maui Wildfires Lawsuit; Maui Wildfire Lawyers; Background Of The Maui Wildfires; Understanding Utility-Caused Wildfires; Rights Of Wildfire Victims

Victims affected by deadly wildfires have legal rights to seek justice and compensation for their losses.

This includes:

  • Property loss: Homes, vehicles, personal belongings destroyed by the fire.
  • Climate change impacts: Damage to land, water sources and air quality due to environmental contamination.
  • Personal injury: Burns, smoke inhalation injuries or other physical harm caused by the fire.
  • Emotional distress: Trauma or mental health issues resulting from experiencing a wildfire.

If you’ve been affected by a wildfire like those on Maui, knowing your rights is crucial for getting fair compensation.

The rights of individuals affected by wildfires are complex and vary depending on the specific circumstances.

It is recommended that those affected seek legal counsel from an attorney who specializes in wildfire cases.

This is due to the complexity of the legal processes involved in these cases.

It is not reasonable to expect individuals who have suffered from such disasters to understand and navigate these legal processes alone.

The Human Toll of the Maui Wildfires

The Numbers Speak for Themselves

Maui Wildfires Lawsuit; Maui Wildfire Lawyers; Background Of The Maui Wildfires; Understanding Utility-Caused Wildfires; Rights Of Wildfire Victims; The Numbers Speak for Themselves

The Maui wildfires lawsuit is more than just a legal battle.

It’s about real people that have had their lives turned upside down.

Here’s how the numbers look (as of August 21st, 2023):

These aren’t just stats on a sheet. Each one represents someone’s life story.

Lahaina’s Population Overview: A Community in Mourning

Maui Wildfires Lawsuit; Maui Wildfire Lawyers; Background Of The Maui Wildfires; Understanding Utility-Caused Wildfires; Rights Of Wildfire Victims; The Numbers Speak for Themselves; Lahaina’s Population Overview_ A Community In Mourning

Lahaina, a vibrant community in Maui County, known for its lush landscapes, took a massive hit, according to the Hawaii Gov.

Imagine waking up one day to find your town ablaze and everything you know in ashes.

That’s what happened to the people in Lahaina.

Given that the overall population of Maui, including Lahaina residents, is around 144,000 people (as per US Census Bureau), this disaster affected nearly every person directly or indirectly – whether they lost their homes, loved ones, or even their sense of security.

Steps to Take if Affected by the Maui Wildfires

The primary emphasis in the event of a Maui wildfire should be on safeguarding oneself.

This can be likened to a sudden decrease in cabin pressure on an airplane, where one must first secure their own oxygen mask before assisting others:

  1. It is essential to either seek immediate shelter or evacuate as directed by the relevant authorities.
  2. Keeping abreast of local news is crucial for receiving real-time updates.
  3. To prevent smoke and fume inhalation, usage of N95 masks is recommended.

It is important to note that material possessions can be replaced, while human lives cannot.

Documenting Damages

Once safe, it’s time to assess and document the damages for insurance claims and potential legal action.

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This step is akin to solving a jigsaw puzzle — each piece of evidence, or contributing source, helps complete the overall picture of losses incurred:

  • Photograph property damage including structures, vehicles, and landscapes.
  • Make a list of lost personal belongings with estimated values.
  • Keep records of additional costs incurred due to evacuation or displacement (e.g. hotel bills).

It’s crucial to document these damages — not just because it could mean getting compensated for your losses, but also because it provides the necessary concrete proof when dealing with insurers or lawyers.

Legal Counsel & Lawsuit Filing

Now comes the part where you might want to consider seeking legal counsel.

Your legal counsel is your guide while navigating these unchartered waters — so it’s crucial you do your diligence when hiring them.

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Here are some tips:

  1. Consult an attorney specializing in wildfire lawsuits.
  2. Understand your rights and possible grounds for filing a lawsuit.
  3. Gather all necessary documents such as photos of damages, insurance claims filed, etc.
  4. File the lawsuit against responsible entities (if any) based on your lawyer’s advice.

Preventive Measures and Future Outlook

Utility Companies & Government Role

The National Weather Service, utility companies, and the government play a crucial role in wildfire prevention.

For instance, they are responsible for maintaining power lines and other infrastructure that can spark fires when not properly managed.

There have been instances where negligence led to devastating wildfires, such as the Maui wildfires lawsuit that aims to hold utility companies accountable for their actions.

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The Maui wildfire lawsuits further aim to encourage these entities to put proactive measures in place that could help prevent disasters like this in the futures — these measures include, but are not limited to:

  1. Regular maintenance of power lines
  2. Clearing vegetation from around power lines
  3. Implementing strict fire safety regulations
  4. Investing in advanced technology for grid modernization projects to detect potential fire hazards early, supporting emergency response efforts, and enhancing the utility system.

The government also has a role in enforcing these measures and providing adequate funding for wildfire prevention efforts.

Residents’ Responsibilities

Local officials and residents alike have a part to play in preventing wildfires.

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To prevent wildfires, they can:

  • Keep their properties clear of dry vegetation which can fuel fires.
  • Follow local fire codes regarding outdoor burning.
  • Report any potential hazards to authorities promptly.

Community collaboration is key here — residents acting as vigilant neighbors looking out for each other’s properties can go a long way towards preventing fires.

Preparedness & Accountability

Preparedness cannot be overstated.

Maui Wildfires Lawsuit; Maui Wildfire Lawyers; Background Of The Maui Wildfires; Understanding Utility-Caused Wildfires; Rights Of Wildfire Victims; The Numbers Speak for Themselves; Lahaina’s Population Overview_ A Community In Mourning; Measures For Prevention; Residents’ Responsibilities; Preparedness & Accountability

This includes first responders:

  • Having evacuation plans ready to alert residents;
  • Making conscious decisions about keeping emergency supplies on hand; and
  • Staying informed about local fire conditions.

Conclusion: The Maui Wildfire Lawsuits

The Maui wildfires have had a profound impact, causing immense damage and sparking numerous lawsuits.

It’s crucial to understand the legal implications and responsibilities tied to these incidents.

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If you’ve been affected by the wildfires and are in the clean-up and recovery phase of this catastrophe, taking the right steps can help you navigate through this challenging time — safely.

These steps can also help tremendously when trying to claim compensation for the damages and losses experienced by you and/or your loved ones.

A Hope for Proactive Wildfire Prevention Measures Moving Forward

Lastly, it’s essential for everyone to be proactive about wildfire prevention.

Looking ahead, let’s hope for stricter power utility regulations and more effective preventive measures.

Remember, your conscious decisions and actions can make a big difference in preventing future catastrophes.

Stay informed, stay safe!

Maui Fire Lawsuit Frequently Asked Questions

Published By:
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Jessica Paluch-Hoerman

Managing Attorney & Owner

With over 25 years of legal experience, Jessica Paluch-Hoerman is an Illinois lawyer, a CPA, and a mother of three.  She spent the first decade of her career working as an international tax attorney at Deloitte.

In 2009, Jessie co-founded her own law firm with her husband – which has scaled to over 30 employees since its conception.

In 2016, Jessie founded TruLaw, which allows her to collaborate with attorneys and legal experts across the United States on a daily basis. This hypervaluable network of experts is what enables her to share the most reliable, accurate, and up-to-date legal information with our readers!

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You can learn more about this topic by visiting any of our Maui Fire Lawsuit pages listed below:
FAQ: Are Fires Common in Maui?
FAQ: How Many People Died in The Maui Fires of 2023?
FAQ: How Much of Lahaina Has Burned?
FAQ: Is The Maui Wildfire Still Burning?
FAQ: What Caused The Fire In Maui?
FAQ: When Did The Maui Fires Start?
FAQ: Where Are The Fires In Maui?
Hawaii Wildfires 2023 | Overview of Wildfires in Hawaii
Maui County Wildfire Recovery Guide
Maui Fire Settlements & Payout Information
Maui Wildfires Lawsuit | Maui Wildfire Lawyers
Maui Wildfires Lawsuit: What Damages Can Be Claimed?
AFFF Lawsuit

AFFF Lawsuit claims are being filed against manufacturers of aqueous film-forming foam (AFFF), commonly used in firefighting.

Claims allege that companies such as 3M, DuPont, and Tyco Fire Products failed to adequately warn users about the potential dangers of AFFF exposure — including increased risks of various cancers and diseases.

Depo Provera Lawsuit

Depo Provera Lawsuit claims are being filed by individuals who allege they developed meningioma (a type of brain tumor) after receiving Depo-Provera birth control injections.

A 2024 study found that women using Depo-Provera for at least 1 year are five times more likely to develop meningioma brain tumors compared to those not using the drug.

Suboxone Lawsuit

Suboxone Tooth Decay Lawsuit claims are being filed against Indivior, the manufacturer of Suboxone, a medication used to treat opioid addiction.

Claims allege that Indivior failed to adequately warn users about the potential dangers of severe tooth decay and dental injuries associated with Suboxone’s sublingual film version.

Social Media Lawsuits

Social Media Harm Lawsuits are being filed against social media companies for allegedly causing mental health issues in children and teens.

Claims allege that companies like Meta, Google, ByteDance, and Snap designed addictive platforms that led to anxiety, depression, and other mental health issues without adequately warning users or parents.

Vaginal Mesh Lawsuits

Transvaginal Mesh Lawsuits are being filed against manufacturers of transvaginal mesh products used to treat pelvic organ prolapse (POP) and stress urinary incontinence (SUI).

Claims allege that companies like Ethicon, C.R. Bard, and Boston Scientific failed to adequately warn about potential dangers — including erosion, pain, and infection.

Bair Hugger Lawsuit

Bair Hugger Warming Blanket Lawsuits involve claims against 3M — alleging their surgical warming blankets caused severe infections and complications (particularly in hip and knee replacement surgeries).

Plaintiffs claim 3M failed to warn about potential risks — despite knowing about increased risk of deep joint infections since 2011.

Baby Formula NEC Lawsuit

Baby Formula NEC Lawsuit claims are being filed against manufacturers of cow’s milk-based baby formula products.

Claims allege that companies like Abbott Laboratories (Similac) and Mead Johnson & Company (Enfamil) failed to warn about the increased risk of necrotizing enterocolitis (NEC) in premature infants.

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