Orange County braces for potential flood of litigation from Airport fire victims
Orange County is girding itself against a potential flood of litigation from victims of the Airport fire, a destructive blaze that was sparked by a public works crew and destroyed more than 160 structures.
On Tuesday, the Orange County Board of Supervisors voted unanimously to retain the law firm of Meyers Nave to assist the county in litigation in connection with the fire.
Four claims for expenses such as destroyed property and hotel fees during evacuation orders have already been filed with the county, according to public records.
Four firefighters who had been battling the Airport fire remained hospitalized after their vehicle rolled over on State Route 241.
Attorney Emily Pincin told The Times that she and business partner Michael Kent were coordinating with several other law firms to file a mass action lawsuit, potentially representing more than 1,000 victims, within the next six months. A mass action lawsuit involves separate lawsuits against a single defendant.
Pincin says the county could be held financially liable for damaged property, lost personal items, relocation expenses and emotional distress.
Orange County Counsel Leon Page declined to comment to The Times on the county’s liability in the fire, which the Orange County Fire Authority determined was set off by two public works employees using heavy machinery to move boulders on Trabuco Creek Road. Authorities classified the cause as “unintentional.”
This revelation spurred a public outcry as people questioned why employees brought heavy machinery into dry brush on a blisteringly hot day.
Retired Orange County firefighter Steve Palmer told the O.C. Register that the decision was “reckless and stupid.”
“It’s triple digits and you’re going to use a big piece of steel equipment to hit rocks?” he said. “That always causes sparks. Who wouldn’t know that or assume that?”
Uncontrolled wildfires can be powerful enough to generate their own weather.
Gregory Keating, a professor at the USC Gould School of Law, told The Times “there is reason to expect substantial liability” if the county is unable to fend off the charge of negligence in starting the fire.
“It could indeed be pretty expensive,” he said. “It might also be complex as many of these properties are probably insured, and the litigation could become entangled in claims made by insurance companies seeking to recover payments they’ve made under their policies.”
Keating said the “basic rule” in negligence law is that liability requires proof of physical harm — meaning personal injury or property damage. Therefore, it may be difficult for victims to receive county compensation for pure economic loss or pure emotional distress.
For example, a local business owner might not be compensated for economic loss due to customers staying away during the fire if their store was not physically harmed.
However, if people can prove physical harm, even from something minor like smoke damage, the county then may be liable for their other forms of loss, he added.
The fire began on Sept. 9 and went on to ravage some 23,500 acres, injure 22 people and destroy more than a hundred homes in Orange and Riverside counties, according to fire officials. The blaze was 95% contained by Wednesday morning.
Cal Fire engineer Robert Hernandez was arrested on suspicion of committing arson on forest land in the areas surrounding Geyserville, Healdsburg and Windsor.
The four claims received by the county so far were submitted independently of any coordinated legal effort.
Mikhail Trubik filed a $2.34-million claim for his house, guesthouse and five-car garage, which were all destroyed by the fire.
The other three claimants submitted reimbursement requests ranging from $833 to $1,121 to cover hotel and meal expenses during mandatory evacuation orders. Claims for personal injury or damaged property must be filed within six months of the date of loss, according to state law.
The county has also received, as of Sept. 20, at least two claim notice letters from law firms asking that evidence related to the fire be preserved, according to the clerk to the board.
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