Products Liability
In August 2023, the island of Maui in Hawaii was scarred by a major wildfire. The fire has caused over 100 fatalities and billions in property damage. Several lawsuits have now been filed against the state’s major power utility company, Hawaiian Electric, accusing it of negligently causing the fire by failing to upgrade and maintain its power supply grid.
Individuals who suffered physical injuries or families of anyone who was killed in the Maui wildfires may be able to bring their own separate negligence or wrongful death lawsuits against Hawaiian Electric. Our national mass tort lawyers are currently accepting cases from individuals who want to hold Hawaiian Electric accountable for injuries connected to the wildfire.
UPDATES:
April 18, 2024: The Attorney General of Hawaii, Anne Lopez, announced a detailed account of the devastating fire on August 8-9 that destroyed Lahaina. Emphasizing the necessity of a methodical review based on scientific principles, Lopez said the objective is to learn from the tragedy to prevent similar future disasters.
This announcement follows a report from Maui fire officials on Tuesday that defended their initial response to the fire, now known as Hawaii’s deadliest. The report from the Attorney General’s office is the first in a series of three involving an independent investigation into the wildfire by the Fire Safety Research Institute (FSRI). The recent reports have yet to address the fire’s origins or causes, which are still under active federal investigation. At a recent press briefing, Lopez refrained from commenting on the decisions made by firefighters on the morning of August 8, the time and place where the later devastating fire is believed to have reignited, leading to significant damage in Lahaina.
September 6, 2023: A lawsuit filed in Hawaii state court holds Maui County responsible for a woman’s death during the Lahaina fire last month, alleging the failure to sound sirens prevented her escape. The Lahaina fire lawsuit targets county and state governments following the deadliest U.S. fire in over a century. While officials argued sirens might cause confusion, the lawsuit contends that such reasoning is flawed. The suit also involves, of course, Hawaiian Electric, a company facing potential $5 billion liabilities for its role in the fires, which led to numerous lawsuits. Interestingly, this wrongful death lawsuit also seeks to hold a private landowner liable for not managing vegetation to mitigate fire risk.
September 1, 2023: House Republicans are investigating Hawaiian Electric Industries’ involvement in the deadly Lahaina wildfire that has claimed over 115 lives and caused more than $5.5 billion in damages.
Led by House Energy and Commerce Committee Chair Cathy McMorris Rodgers, committee leaders have sent a letter seeking details about the sequence of events leading to the wildfire. The lawmakers expressed the need to comprehend how the disaster occurred to prevent similar incidents in Hawaii and other states. The letter highlights potential evidence of a downed power line causing the blaze.
The letter seeks information on Hawaiian Electric’s efforts to address grid risks, control invasive vegetation, and the status of proposed fire-related actions before the Hawaii Public Utilities Commission… all the things that Maui wildfire lawyers want to know to fuel our lawsuits.
August 24, 2023: Now the County of Maui has filed its own lawsuit accusing Hawaiian Electric of negligently causing the devastating wildfire that has killed over 100 people and caused unmeasured damage. The County now joins a growing list of other plaintiffs seeking to hold the utility company liable for personal injuries and property damage caused by the wild fire.
August 19, 2023: Another civil lawsuit has now been filed against Hawaiian Electric related to the Maui wildfire. The lawsuit claims that the utility company directly caused the fire by neglecting to maintain its power grid and failing to implement a power shutdown to prevent lines from falling down.
August 16, 2023: Yesterday, a group of 5 Maui residents filed a civil lawsuit against their utility company, Hawaiian Electric. The lawsuit accuses Hawaiian Electric of negligently causing the recent wildfires that have caused death and destruction across the island. The plaintiffs are seeking financial compensation for injuries and property loss caused by the fire.
The Maui Wildfire
The 2023 Maui wildfire began in the early morning hours of August 8, 2023, when a brush fire developed in the central part of the island. Although Hawaii is generally a wet and green place, August is the region’s dry season when certain areas on the island get very parched.
The first reports of the fire were received by fire stations in Maui shortly before 6:00 am. Strong winds caused the fire to rapidly intensify and spread over a large area very quickly. Eventually, more than 100 people were killed as the fire spread and countless houses and buildings were consumed by flames.
Exactly what started the fire remains unknown. A formal investigation has been launched to determine exactly how and why the fire began. Although the investigation is still underway, there is a growing cloud of suspicion forming over the state’s big utility company, Hawaiian Electric. Several videos published on social media during the early phase of the fire show downed or dangling electrical power lines in the background.
About Hawaiian Electric
Hawaiian Electric Industries, Inc. (Hawaiian Electric) is a utility company that supplies electrical power to 95% of households in Hawaii. Hawaiian Electric owns and maintains all of the power grid infrastructure within the state. The history of the company dates back to the late 1800s when there were fewer than 3,000 customers. The electrical power system in Hawaii underwent a major buildup before, during and after World War II, which helped fuel population growth on the islands.
Initially, each of Hawaii’s islands had their own separate utility companies and power grid systems. Between 1969 and the early 2000s, however, Hawaiian Electric gradually acquired and consolidated all of these separate utilities into a single company. Most of the electrical power output supplied by Hawaiian Electric is produced by steam powered turbine generators that use oil for fuel. Hawaiian Electric’s infrastructure is somewhat dated compared to other areas of the country, and the company has been criticized for being slow to modernize.
Wildfire Lawsuits Against Hawaiian Electric
Soon after the Maui wildfire was under control, a number of parallel class action lawsuits were filed against Hawaiian Electric on behalf of Maui residents who suffered losses during the fire. The lawsuits basically accuse Hawaiian Electric of causing the fires by negligently failing to maintain its power lines, failing to perform fire prevention maintenance and upgrades, and neglecting to create a power shutoff system.
All of the lawsuits against Hawaiian Electric claim that the utility company was fully aware that its power lines presented a fire hazard, but the company never bothered to do anything about it. One of the things Hawaiian Electric is accused of is failing to cut down dry vegetation underneath its high-voltage power supply lines.
When high-voltage electrical supply lines fall, they can ignite any combustible materials they come in contact with. For that reason, it is very important that the ground beneath these power lines is kept clear of vegetation so that there is nothing to burn in the event the lines fall to the ground. The lawsuits claim that Hawaiian Electric grossly neglected this important preventative measure.
The lawsuits also accuse Hawaiian Electric of completely neglecting to make much-needed upgrades and improvements to their power grid system, such as maintenance and features that would prevent the lines from coming down in high winds. Finally, the lawsuits claim that Hawaiian Electric failed to adopt a power shutoff system to cut power to lines where high winds threatened to bring them down.
File a Wildfire Lawsuit Against Hawaiian Electric
The families of victims who were killed as a result of the wildfires in Maui may be eligible to bring wrongful death lawsuits against Hawaiian Electric and get compensation for their loss. Individuals who suffered burns or other types of serious physical injuries during the fire can also sue Hawaiian Electric and seek damages.
Hundreds of individual wrongful death and personal injury lawsuits are expected to be filed against Hawaiian Electric over the next year. These lawsuits could potentially be consolidated into a class action MDL. To prevail in these cases, plaintiffs will need to show that Hawaiian Electric was negligent and that negligence directly caused or contributed to the wildfire.
Holding Hawaiian Electric Liable Under Inverse Condemnation
In addition to general negligence, the recent lawsuits are also seeking to hold Hawaiian Electric liable under an alternative liability theory known as inverse condemnation. The theory, which was previously used against PG&E, would eliminate the need to show that Hawaiian Electric’s negligence was the direct cause of the fire. While Hawaiian Electric Co. has not yet officially responded to the mounting lawsuits concerning the recent fatal wildfires in Maui, initial defenses might challenge inverse condemnation claims and question if their downed power lines were truly the cause of the fire.
On August 17, representatives from Honolulu’s Cox Fricke law firm appeared in O’ahu’s First Circuit Court on behalf of Hawaiian Electric concerning a class action. The next day, the company assured its investors, contradicting some news reports, that it has no intention of restructuring and plans to remain in business long term.
The company and its affiliates are confronting a minimum of six lawsuits relating to the Maui wildfires, which resulted in over 100 fatalities and ravaged 2,600 properties. Notable law firms Watts Guerra and Morgan & Morgan are among those that have filed against them. However, no official blame has been attributed to the utility company.
Marisa Miller from Sheppard Mullin Richter & Hampton commented on the trend of utilities being litigation targets, especially in the Western U.S. She stated that it’s premature to ascertain the actual cause of the Maui wildfires, emphasizing the absence of an official determination.
Examining Precedents
Several Maui lawsuits mirror previous cases from states like California and Oregon. For instance, in Oregon, a jury recently awarded $90 million to victims of wildfires that occurred in 2020. PacificCorp, in that case, refuted claims that their decision not to cut power played a role in the fire outbreak. The Maui lawsuits likewise claim that Hawaiian Electric didn’t cut off the power supply.
However, Hawaiian Electric clarified that its protocols don’t include shutting off power during high winds, as it requires coordination with emergency services. This is essential, especially in places like Lahaina, where electricity powers water pumps critical for fire response. The company also emphasized the potential risks associated with power shutdowns, especially to vulnerable populations.
While there are reports of fallen power lines, Miller highlighted that such observations don’t necessarily confirm the cause. She emphasized the need for a comprehensive inquiry rather than relying on assumptions from social media observations.
Furthermore, Hawaiian Electric might challenge numerous claims which hold them accountable for property loss. They noted that in Hawaii, unlike California, there’s no established precedent for levying inverse condemnation accusations against private entities — such claims have typically been directed at governments.
Comparatively, Pacific Gas & Electric and Southern California Edison faced massive settlements in California due to strict liability rules. Miller remarked that utilities are frequently targeted in California because of these stringent regulations.
In a statement, Mikal Watts from Watts Guerra stressed that both California and Hawaii share similar legal language regarding compensation rights for property seizures. He expressed confidence in proving Hawaiian Electric’s negligence as the primary cause of the devastating fires, even possibly proving gross negligence on their part.
Potential Settlement Value of Lawsuits Against Hawaiian Electric
It is way to early to say with any real certainty what the potential settlement value could be for wildfire injury or death lawsuits against Hawaiian Electric. We are at the very earliest stages of this litigation and many of the relevant facts are still uncertain. That being said, we can speculate on the potential value of these cases based on certain assumptions.
Assuming that plaintiffs can successfully prove that Hawaiian Electric was negligent in causing the fire, wrongful death cases against Hawaiian Electric could have a settlement value range of $500,000 to $1,500,000. Personal injury cases against Hawaiian Electric could have a settlement value range of $100,000 to $1,200,000.
Contact Miller & Zois About a Hawaiian Electric Lawsuit
If you or a member of your family was injured or killed in the Maui wildfires, contact the mass tort lawyers at Miller & Zois today to see if you qualify to bring a lawsuit against Hawaiian Electric. Call us at 800-553-8082 or contact us online.