Both lawsuits allege negligence, failure to maintain equipment, and that SCE “knew high winds could spark fires” yet failed to upgrade or mitigate. The Fairview lawsuit further claims inadequate line clearance.
Eaton Fire Lawsuit
The Eaton Fire lawsuit alleges the fire was caused by “faulty power infrastructure or by sparks from faulty power infrastructure owned, maintained, and operated” by SCE. The Eaton fire burned almost 8,000 acres on National Forest System and land nearby; destroyed or damaged more than 10,000 structures, which resulted in considerable costs to the U.S. Forest Service for suppression and rehabilitation, according to the U.S. Attorney, Central District of California. The Eaton Fire killed 18 people in the Altadena area.
Fairview Fire Lawsuit
The Fairview Fire lawsuit claims that a sagging power line operated by SCE came into contact with a Frontier Communications messenger cable and ignited the ground below. The Fairview Fire burned nearly 14,000 acres within San Bernardino National Forest. Its effects have been, detrimental to wildlife and habitats, including federally protected threatened and endangered species. And wildlife will continue to be at risk. Forty-four structures were burned. Two people were killed and three were injured, including two firefighters.
Edison’s Response
In July, while the fire was under investigation, SCE announced that it will create a program to compensate victims of the Eaton Fire, and it has proposed a Wildfire Recovery Compensation Program, which is separate from the DOJ lawsuits. One attorney said this program indicates that the utility is prepared to acknowledge that its equipment ignited the fire in Altadena.
Although SCE alone is named in both lawsuits, its lawyers are preparing to add other defendants they deem responsible including Los Angeles County, whose fire department has been criticized for its response to the Eaton fire.
SCE spokesperson Kathleen Dunleavy said the utility is reviewing the lawsuits and “continues our work to reduce the likelihood of SCE’s equipment from starting a wildfire.”
Lawsuit Timeline
READ MORE WILDFIRE LOSS LEGAL NEWS
Judge Laura Seigle in one of the lawsuits indicates that the first trial likely won’t take place until late 2026, partly because California’s fire agency could take up to 18 months to complete its report. Settlement, however is a possibility. Edison’s compensation program could indicate a “desire to reduce litigation exposure or offer an early path to resolution,” wrote CalMatters, which also explained that discovery will involve forensic examination of equipment, internal maintenance logs, weather data, line fault data, expert testimony on wildfire science and electrical systems.
Meanwhile, Edison recently settled 2017-2018 wildfire/mudslide claims, agreeing to recover portions of losses via agreements pending regulatory approval.
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