Several law firms have begun suing Hawaiian Electric, alleging that the utility company is negligently responsible for the incredibly deadly and destructive Lahaina fire.
At least two lawsuits against the company and its Maui Electric Co. subsidiary have been filed in state court seeking class-action status representing victims of the wind-driven inferno that killed at least 96 people and destroyed more than 2,700 structures preliminarily valued at $5.6 billion.
More such litigation is expected, and some attorneys aim to have Hawaii’s biggest electric utility compensate people for losses through civil litigation that could be similar to a case against California-based utility firm PG&E Corp. stemming from Northern California wildfires a few years ago.
No cause of the Lahaina fire
has been officially determined yet, and the number of people who perished in Hawaii’s worst natural disaster since statehood is expected to rise as meticulous searching continues.
Hawaiian Electric on Sunday declined to comment on pending litigation in line with a long-held company policy.
The two lawsuits were filed electronically in the state Judiciary system Saturday, three days after Lahaina was reduced to near total ruins.
One complaint was filed in Oahu Circuit Court on behalf of Lahaina residents Monica and Rede Eder by three law firms — Honolulu-
based Lippsmith LLP and two California firms, Foley Bezek Behle &Curtis LLP and Robertson &Associates LLP.
The other case was filed in Maui Circuit Court on behalf of Maui resident Nova Burnes by Revere &Associates, Law Offices of Richard E. Wilson LLC and Law Office of Kyle Smith, all based on Oahu.
One of the attorneys in the Eder case, Alexander “Trey” Robertson IV, is serving as a court-appointed co-lead counsel for about 7,000 plaintiffs suing the Southern California Edison Co. utility over a 2018 fire in California known as the Woolsey fire.
The Eder lawsuit claims in part that Hawaiian Electric should have de-energized its power lines in response to National Weather Service warnings issued days before the fire explaining that despite Hurricane Dora passing far to the south of Hawaii, the threat of “damaging winds
&fire weather” would exist from early Monday to Wednesday and that a “high fire danger with rapid spread” existed.
“By failing to shut off the power during these dangerous fire conditions, Defendants caused loss of life, serious injuries, destruction of hundreds of homes and businesses, displacement of thousands of people, and damage to many of Hawai‘i’s historic and cultural sites,” the complaint states.
To back up some claims in the Eder lawsuit, its authors cite news reports that mention studies describing fire risks in Lahaina and from passing hurricanes.
One citation referenced a Saturday Washington Post story that quotes former state Public Utilities Commission member and Lahaina resident Jennifer Potter saying that Hawaiian Electric had not taken any meaningful action to address wildfire risks.
The lawsuit also included a copy of a 2019 Hawaiian Electric news release stating that the company was working on a plan of action to protect the public and electrical infrastructure from wildfire.
In the news release, Hawaiian Electric said its efforts included evaluating wildfire mitigation plans filed by major California utilities, studying Hawaii fire ignition maps for greatest risks, and installing equipment to prevent electric lines from slapping and sparking in areas prone to high winds.
The lawsuit contends that major California utilities for years have used “public safety power shutoffs” during high-wind and red flag fire danger conditions, but that Hawaiian Electric has no PSPS plan.
“The catastrophic losses from the Lahaina Fire could have been prevented had Defendants implemented a PSPS prior to the fire starting and taken other reasonable steps to prevent their electrical equipment from igniting the fire,” the lawsuit said.
In response to a question from the Honolulu Star-
Advertiser not based on the Eder litigation, Jim Kelly, a Hawaiian Electric vice president and spokesperson, said the company doesn’t have a PSPS program and neither do most utilities.
Kelly said preemptive, short-notice power shutoffs have to be coordinated with first responders, and that in Lahaina electricity powers pumps needed to supply water for firefighting.
No cause for the Lahaina fire has been determined, though the Eder lawsuit contends that a brush fire was reported Tuesday morning in an area in Lahaina near a Hawaiian Electric substation and where a fallen power line was reported.
The other lawsuit is light on detailed allegations, but contends that wind-blown trees and branches “predictably broke” Hawaiian Electric power lines and caused fires that destroyed Lahaina and damaged property in Kula.
More lawsuits are
anticipated.
On Thursday, California-
based law firm Singleton Schreiber announced in a news release that it was seeking to represent people in need of a Maui wildfire lawyer. The firm, which has an office in Wailuku and is working with specialists
investigating the Lahaina fire, said it has represented more than 12,000 victims of utility fires and recovered approximately $2 billion for clients.
“From what we’ve learned, we believe the
Lahaina fires could have been prevented had proper safety precautions been taken,” Gerald Singleton, the firm’s managing partner, said in the announcement. “With decades of experience litigating wildfire claims against negligent utility companies that didn’t properly maintain their power lines, this fire has all the hallmarks of failed safety protocols.”
Bloomberg News reported Sunday that Singleton Schreiber and two other law firms, Texas-based Watts Guerra and California-based Frantz Law Group, have collected information indicating that damaged Hawaiian Electric infrastructure sparked the flames that
engulfed Lahaina.
Frantz Law also announced Sunday that it had joined with Honolulu-based law firm Leavitt, Yamane &Soldner to donate $100,000 toward fire recovery efforts on Maui,
and leaders of both firms expressed deep sympathy to families who lost loved ones and homes.
The Bloomberg report said that Singleton Schreiber, Watts Guerra and Frantz Law represented victims in a $13.5 billion settlement with PG&E over deadly California wildfires that led the company into bankruptcy protection in 2019.
Hawaiian Electric, which traces its history in Hawaii back to 1891, is the electric utility serving every county except for Kauai.
The company is publicly owned through Hawaiian Electric Industries Inc., and the value of HEI stock held by shareholders Friday
totaled $3.55 billion. HEI shares closed Friday at $32.40, down from $32.78 on Thursday and about $35 on Tuesday and Wednesday
after a decline from $37.36 Aug. 7.
Hawaiian Electric on
Sunday said its immediate focus continues to be supporting emergency response efforts on Maui and restoring power for customers and communities as quickly as possible.
As of Sunday afternoon, the company reported restoring power to more than 60% of Maui customers who had been without electricity since Tuesday. Crews on Sunday were still working to restore power to about 5,000 customers in Upcountry and West Maui.
