The massive wildfires that devastated the West Maui town of Lahaina and other areas on August 2023 left behind an ugly legacy. Not only were irreplaceable historical and cultural artifacts lost to the flames, but many people saw their life’s work incinerated, including their homes, businesses, and even their beloved animals. For residents of the community, this was more than a tragedy; it was a catastrophe that robbed them of their financial security and livelihoods.
While the wildfires are still burning, Maui’s governor has begun a series of initiatives to help displaced families. His efforts include sending state social workers to visit fire zones to ensure that families have the help they need to get back on their feet after such a catastrophic disaster. He has also asked the state attorney general to explore whether it is possible to place a moratorium on property sales in affected areas.
However, some residents are already beginning to seek legal action against the investor-owned utility responsible for causing the fires. They argue that the company’s negligence and cost-cutting caused the conditions that allowed the fires to spread, and they claim that paying for safety upgrades would have prevented the fires from occurring. The success of these Maui fire lawyers will hinge on a determination of whether Hawaiian Electric functions akin to a governmental agency. If it does, victims have the constitutional right to sue for compensation, even if the damages were accidental.
Do Maui Fire Lawyers Handle Cases involving Wildfires on Public Lands?
This is a similar legal argument that was made in the aftermath of California’s 2017 North Bay and Camp fires, where big out-of-town law firms flooded the affected counties with billboards and radio spots soliciting victims to sue power utility PG&E. Unfortunately, some of these firms have little experience with Hawaii’s unique laws, court systems, and values. It is important for victims to choose a lawyer with knowledge of local values, government systems, and insolvency issues.
In addition, the lawsuits against Hawaiian Electric allege that the company violated national guidelines for preserving evidence after the fires by moving power poles and lines before investigators could access the scene. This tampered with the investigation and may have compromised its conclusions.
It is also possible that Hawaiian Electric has violated federal environmental regulations by removing contaminated soil and water. This could lead to the federal government suing Hawaii for a violation of the Clean Air Act and the Endangered Species Act. It is imperative that the county protect its residents from such violations, and this should be a priority for the governor and his office.
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