We Are Accepting Clients Who Are Victims of the Airport/Trabuco Canyon Fire
Information for Victims of the Airport Fire in Orange and Riverside Counties, California
Recent News and Updates
Updated as of 9/24/24
The Airport Fire started the afternoon of Monday, September 9, near RC Airport because of a public work crew’s loader, which had placed a load of heavy boulders and then began to smoke and spark. The flames quickly threatened nearby homes and infrastructure. Now, the fire stands at over 23,000 acres and is 81% contained, thanks partly to cooler temperatures. Full containment is likely by early next week. The State struggled to combat the flames as the Bridge and Line fires competed for resources. So far, many people have suffered injuries, including several firefighters. Additional firefighters suffered injuries in a collision on 241 Freeway while returning home following a 12-hour shift battling the fire.
According to recent counts, 160 structures have been lost, including 82 homes, and another 34 structures have been damaged. Homes in El Cariso Village and Deckert Canyon and recreational cabins in Cleveland National Forest are among those destroyed. The blaze also burned through Holy Jim Canyon. California secured a grant from FEMA to help combat the fire. Earlier mandatory evacuation orders have since been downgraded to warnings. Surrounding highways are opening, and infrastructure repairs are underway. Reports indicate that the crew was using the machinery that caused the initial spark during a Red Flag day. Two claims have already been filed against the county, including one by Mikhail Trubchik of Laguna Hills for $2.3 million for rebuilding costs only. Another resident received a claim for around $1,000 related to a three-night hotel stay that was impacted by evacuation orders. No additional claims have been filed to date, but two law firms sent potential claim notice letters to the county on behalf of insurance companies requesting the preservation of any evidence related to the Airport fire. Potential claimants have six months to file.
Over 2 Billion Dollars
Recovered for Victims of California Fires
McNicholas & McNicholas, LLP has fought for tens of thousands of California wildfire victims, helping to secure over $2 billion in compensation while holding major utility companies accountable. In 2019, we were part of a legal team that helped secure a $13.5 billion settlement with Pacific Gas & Electric Company (PG&E) to compensate victims of wildfires caused by the utility company’s equipment between 2015-2018, including the Butte Fire in 2015, the Ghost Ship Fire in 2016 in Oakland, the Wine Country/North Bay Fires in 2017 and the Camp/Paradise Fire in 2018. Our tireless efforts against these behemoth companies have made unmatched change that will protect millions of people through critical safety improvements. Both PG&E and Edison are burying thousands of miles of power lines to reduce the risk of equipment sparking fires in the future. PG&E announced its plan to bury power lines shortly after it admitted fault in Price et al. v. Pacific Gas and Electric Company et al., the Dixie Fire lawsuit in which the firm represented 4,200 individuals—more than any other firm. Our years of wildfire experience include:
- Representing victims of the Lahaina Fire, now the deadliest fire in American history.
- Representing homeowners in Northern and Southern California for deaths and property loss resulting from the 2018 Montecito mudslides and the 2017-2019 Northern and Southern California fires, including 20 wrongful death claimants.
- More than 550 Woolsey Fire victims in lawsuits against SoCal Edison
- More than more than 600 Camp/Paradise Fire victims and surviving families in several negligence and wrongful death lawsuits against PG&E.
- More than 300 victims of the Creek Fires in negligence lawsuits against the Los Angeles Department of Water and Power (LADWP), the City of Los Angeles, and SoCal Edison.
- Residents and victims of the November 2017 Wine Country/North Bay Fires, individually known as the Tubbs, Pocket, Atlas, Nuns and Patrick fires, in negligence lawsuits against PG&E.
- Residents and victims of the 2017 Thomas Fire and subsequent mudslides in Santa Barbara, Ventura and Montecito, in several lawsuits against SoCal Edison.
- Victims of the Getty Fire in lawsuits against LADWP.
- Families who suffered severe health issues from the 2015 SoCalGas leak in Porter Ranch.
Our dedicated team is ready to fight for those experiencing injuries and other losses from the Airport Fire.
What to Do if You Have Been Affected by a Wildfire
If you are in the evacuation area for the Airport Fire or any other fire, your safety needs to be your number one priority. Follow any evacuation instructions and get to a safe place. Once you and your family are secure, you can start focusing on recovering what you lost. Here are the first steps to take:
1). Contact your insurance provider
If you are insured, you should contact your carrier and make any necessary claims. You should also request a copy of your insurance policy. The main categories of insurance coverage are:
- Coverage A: Main dwelling coverage
- Coverage B: Auxiliary structure coverage
- Coverage C: Contents coverage
- Coverage D: Alternative Living Expenses coverage
2). Start an inventory of your personal property
Begin making a personal property inventory by listing all items damaged or destroyed by the fire. You should attach values to your lost items that you can use as a starting point for calculating the total value of what you lost.
3). Gather documents and evidence
Collect and preserve all photographs you have of the fire, document your evacuation experience, and describe your damaged property.
4). Preserve all your receipts
If you have costs related to your evacuation and displacement, get receipts. These documents will help you make your claim for compensation.
5). Write a narrative of your experience
Keep a record of the locations you stayed when you were displaced. Begin to compile a narrative of your experience from the evacuation on. You might begin to forget details that could help your claim, so keeping a journal will help refresh your memory.
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Who Can Recover Damages from the Airport Fire?
You may have a claim if you were either forced to evacuate or suffered any recoverable damages because of the fire. Damages may include personal injuries or the loss of your property. In the case of wildfires, victims of property damage include those who experienced burndowns (the fire directly touched their property) or Smoke/Ash/Evacuation (the fire did not directly touch their property). A burndown can be partial or total, affect only detached structures (like garages), or a combination of these. Under "smoke and ash," the damage can range from minor to total (total damage means that all the furniture, clothes, curtains. etc., are so covered by heavy smoke and ash that they must be replaced).
Within these broad categories, victims can be homeowners, renters, occupants of a home or renter, visitors, or a business owner. The following damages are generally available to those in each category:
1. Homeowner with a burndown who desires to restore the property
To recover in this category, you must still own the property. In a successful claim, you may recover:
- Reasonable restoration costs of real property (structures, hardscape, and landscape);
- Fair Market Value (“FMV”) of contents – this is the value of the item in the condition at the time of loss, NOT A NEW VERSION OF IT;
- Alternative Living Expenses ("ALE") or Loss of Use ("LOU");
- Personal Injury;
- Loss of Income: this is subject to the "Economic Loss Rule," which requires damage to real property, personal property, and/or physical injury, AND one or all of those damages was the direct cause of the income loss.
- Evacuation/Emotional Distress Damages – including Proximity to Fire/Zone of Danger and Nuisance Damages.
2. Homeowner with a burn down who has sold or who does not have the genuine intent to restore the property
Even if you don’t intend to rebuild, you can recover your losses, but the compensation available will look different. You could collect for:
- Diminution in Value. This is the difference between the value of the property the day before the fire and the day after the fire. This is instead of the reasonable restoration cost. No recovery is available for tree damages unless they were remediated prior to the sale;
- FMV of contents – this is the value of the item in the condition at the time of loss, NOT A NEW VERSION OF IT;
- ALE or LOU, for the period of time from the date of displacement to the date of sale.
- Personal Injury;
- Loss of Income: this is subject to the "Economic Loss Rule," which requires damage to real property, personal property, and/or physical injury, AND one or all of those damages was the direct cause of the income loss;
- Evacuation/Emotional Distress Damages – including Proximity to Fire/Zone of Danger and Nuisance Damages.
3. Homeowners without a burn-down (partial or complete), but with smoke and ash and/or had to evacuate due to a mandatory evacuation notice
Those in this category may recover for the following:
- Reasonable restoration cost of the smoke and ash damaged structures. Landscaping can be recovered for if it was touched by fire;
- FMV of contents – this is the value of the item in the condition at the time of loss, NOT A NEW VERSION OF IT;
- ALE or LOU, for the period of time from the date of displacement to the date of sale;
- Personal Injury;
- Loss of Income: this is subject to the "Economic Loss Rule," which requires damage to real property, personal property, and/or physical injury, AND one or all of those damages was the direct cause of the income loss;
- Evacuation Emotional Distress Damages – including Proximity to Fire/Zone of Danger and Nuisance Damages.
4. Renter burn down – partial or complete, where you cannot return to the property
Compensation is also available to renters who are impacted by the fire, including for:
- FMV of contents – this is the value of the item in the condition at the time of loss, NOT A NEW VERSION OF IT;
- Increase in living expenses for a reasonable period of time;
- Personal Injury;
- Loss of Income: this is subject to the "Economic Loss Rule," which requires damage to real property, personal property, and/or physical injury, AND one or all of those damages was the direct cause of the income loss;
- Emotional Distress Damages – including Proximity to Fire/Zone of Danger and Nuisance Damages.
5. Renter smoke/ash/evacuation – subject to a mandatory evacuation notice
Renters are also protected if their property is damaged by smoke or ash and they are forced to evacuate. These individuals may recover for:
- FMV of contents – this is the value of the item in the condition at the time of loss, NOT A NEW VERSION OF IT;
- Increase in living expenses for a reasonable period of time;
- ALE or LOU, until you are able to return to the property;
- Personal Injury;
- Loss of Income: this is subject to the "Economic Loss Rule," which requires damage to real property, personal property, and/or physical injury, AND one or all of those damages was the direct cause of the income loss;
- Evacuation/Emotional Distress Damages –including Proximity to Fire/Zone of Danger and Nuisance Damages.
6. Visitors
The following compensation may be available for those visiting the area when the fire occurred:
- FMV of the contents lost as a result of the fire;
- Evacuation damages – Proximity to Fire/Zone of Danger
7. Business owners
Business owners may collect for their losses, including for:
- Real property restoration costs if the business owned the property or DIV if the business owned the property but sold it or plans to sell it;
- FMV of contents owned by the business;
- Loss of use if the property was owned by the business, not rented;
- Lost profits stemming from a negligence claim.
*Note that any money you recover from your insurance carrier for any of the above damages will be offset from any potential award you receive through a legal claim. *
Who Can You File a Claim Against?
Filing a claim means identifying a party that is legally responsible for compensating you for your losses. Two possible legal theories that allow you to file a claim include:
- Inverse condemnation: Under this theory, you can bring a case against a utility, whether public or private, as long as you can show that the utility’s equipment was the "cause and origin" of the fire. Examples of these claims include those that result from downed power lines, arcing power lines, sparking transformers, or other fire-starting mechanisms. Under this theory, the utility didn't have to be negligent; you only need to show that their equipment started the fire. This allows for real and personal property damages along with statutory prejudgment interest and attorneys’ fees.
- Negligence: Claims based on negligence are also possible, although they are generally more difficult to prove. In these cases, you must show the Defendant did something wrong and that their poor conduct caused the fire. This gets difficult when the Defendant begins to argue that it was the homeowner's failure to have the proper fire-retardant roof tiles or didn't clear their shrubbery. However, a Negligence claim is normally brought along with the Inverse claim. There are benefits to filing a negligence claim because the damages are a little broader. In addition to the above damages, a negligence claim allows for the recovery of personal injury, income loss, evacuation damages, Alternative Living Expenses ("ALE"), Loss of Use ("LOU") and emotional distress damages.
Understanding Economic Damages in a Fire Claim
Economic damages fall into several categories based on the type of harm for which they are meant to compensate. You might have a claim that allows you to recover:
- Personal injury damages: These are recoverable if you can show the bad actor’s conduct was negligent. This includes past and future medical costs, in addition to compensation for pain and suffering.
- Lost income: If you as an individual or business owner qualify under the economic loss rule, meaning your property or person must have been physically affected, you may recover purely economic losses, including income (individual) or profits (business). If you overcome this standard, you may recover your reasonable loss of income, or your business may recover the reasonable lost profits, increases in expenses, and costs incurred mitigating the damages.
- Emotional distress: Damages for emotional distress are available to all persons who can demonstrate the bad actor’s conduct was negligent. These include emotional damages stemming from injuries sustained, witnessing (while in close proximity) injuries to a close family member, your personal experience evacuating, and the “annoyance and discomfort” (Kelly Damages) suffered as a result of having lost your home, cherished possessions, enjoyment of the community, and/or having been displaced. Kelly damages are only available to those who were legal occupants of the property.
- Statutory damages: Under inverse condemnation, statutory damages may allow for the recovery of your attorney’s fees from the Defendant, the recovery of costs from the Defendant, and the recovery of interest on the amount of money eventually received from the Defendant based on the period of time from the date of loss through the date of resolution.
How to Contact McNicholas & McNicholas About the Airport Fire
If the Airport Fire impacted you or your family, you may have a claim for damages. The experienced public utility disaster and wildfire attorneys at McNicholas & McNicholas have represented and continue to represent tens of thousands of wildfire victims across California. Get in touch by calling 213-539-2253 or using our contact form to schedule a free consultation today.