California wildfires have destroyed thousands of homes, businesses, and entire neighborhoods in recent years. In many cases, these fires were linked to utility companies' power lines and other equipment. But what happens when a company doesn't break a law or act carelessly? California law still offers a way for victims to be compensated through inverse condemnation.
At Kershaw Talley Barlow, we have years of experience helping wildfire victims understand and use this law to seek the recovery they deserve. Here's what you should know about inverse condemnation—and how it may apply to your case.
What Is Inverse Condemnation?
Inverse condemnation is a legal rule in California's constitution. It states that if the government—or a private company doing work for the public—damages someone's private property while doing their job, the property owner can be paid for that damage. This applies even if no one broke a law or acted negligently.
In wildfire cases, you don't have to prove the utility company did something wrong. You only need to show that their equipment caused the fire that damaged your property.
How It Works in California Wildfire Cases
California courts have ruled that utility companies, like PG&E or Southern California Edison, can be held responsible under inverse condemnation if their power lines or equipment start a wildfire. These companies provide public services, so they may still be liable when their equipment causes a fire, even if they followed safety rules.
For example, if a tree branch touches a power line and starts a fire that belongs to a utility company, people who lost homes or property in the fire may have a right to compensation, even if the company followed the law.
This legal rule ensures that private homeowners and families don't have to bear the full burden of these disasters alone.
Why It Matters for Fire Victims
This legal option is crucial because it gives wildfire survivors a better chance to recover. In typical lawsuits, victims have to prove the company was careless or violated safety rules. That can be very difficult, especially when fires destroy much of the evidence.
With inverse condemnation, victims only need to show:
- The fire was caused by power lines or other equipment that the utility owns or operates, and
- Their property was damaged or destroyed because of that fire.
This makes seeking compensation faster and fairer, especially for families going up against large utility companies.
What Damages Can Be Recovered?
Under inverse condemnation, you may be able to recover compensation for:
- Home and property damage
- Lost personal belongings
- Costs of evacuating or relocating
- Lost income or business
- Emotional pain or loss of use of your property
At Kershaw Talley Barlow, we help wildfire victims carefully document these losses and fight for the full amount they are owed.
Why You Need an Experienced Legal Team
While inverse condemnation is a powerful legal tool, it can still be complicated. Utility companies often deny responsibility or try to avoid paying full damages. Each wildfire has its own facts and legal issues.
That's why working with a law firm with experience handling wildfire cases is essential. At Kershaw Talley Barlow, we've helped thousands of people recover damages after California wildfires—and we know how to hold utility companies accountable.
Talk to Us About Your Rights
If your home, land, or property was damaged in a California wildfire and you believe utility equipment may have been involved, you may qualify for compensation—even if no one was found negligent.
Contact Kershaw Talley Barlow for a free consultation. We're here to help you understand your options and fight for the recovery you deserve.