Large-scale property damage claims resolved against utility operator
- PRACTICE AREA: Inverse Condemnation, Litigation, Mass Torts, Property Damage, Wildfire
- INDUSTRIES: Public Utilities
Challenge
Property owners suffered extensive destruction and loss of use after utility infrastructure caused widespread damage. The utility defendant denied fault and asserted that other public entities—or even the property owners themselves—were responsible for the scope and severity of the damage.
Insurance coverage was often incomplete, leaving property owners exposed to uncompensated losses while liability was contested among multiple parties.
Strategy
We pursued a comprehensive recovery strategy that combined mass tort claims against the utility with constitutional and statutory theories where appropriate. Our approach emphasized:
- Causation and foreseeability tied to utility infrastructure
- Expert analysis demonstrating substantial contribution by utility systems
- Coordinated litigation to counter efforts to externalize responsibility
Where applicable, inverse-condemnation principles informed settlement leverage by underscoring that private property should not bear disproportionate losses caused by public-serving infrastructure.
Result
The property-damage claims resolved through large-scale settlements totaling tens of millions of dollars, compensating owners for structural loss, remediation, and loss of use. The resolutions delivered recovery without forcing individual owners to litigate against a web of shifting defendants.
