Orange County is bracing for a potential onslaught of litigation from victims of the airport fire, a destructive blaze that was set by a public works crew and destroyed more than 160 structures.
On Tuesday, the Orange County Board of Supervisors voted unanimously to hire the law firm Meyers Nave to assist the county in litigation related to the fire.
According to public records, four claims have already been filed with the county for expenses such as destroyed property and hotel fees during evacuation orders.
Attorney Emily Pincin told The Times that she and her partner Michael Kent were coordinating with several law firms to file a class-action lawsuit, which could represent more than 1,000 victims, within the next six months. A class-action lawsuit involves separate claims against a single defendant.
Pincin says the county could be held financially liable for property damage, loss of personal items, relocation expenses and emotional distress.
Orange County Attorney Leon Page declined to comment to the Times on the county's responsibility for the fire, which the Orange County Fire Authority determined was started by two public works employees using heavy equipment to move rocks on Trabuco Creek Road. Officials classified the cause as “unintentional.”
This revelation sparked a public outcry as people questioned why employees were bringing heavy machinery to a site with dry brush on a scorching day.
Retired Orange County firefighter Steve Palmer told the OC Register the decision was “reckless and stupid.”
“It’s triple digits and you’re going to be using a big piece of steel equipment to hit rocks,” he said. “That always causes sparks. Who wouldn’t know that or guess that?”
Gregory Keating, a professor at USC’s Gould School of Law, told The Times that “there is reason to expect substantial liability” if the county cannot defend itself against the charge of negligence in starting the fire.
“It could be quite costly,” he said. “It could also be complex, as many of these properties are likely insured and litigation could become entangled in claims filed by insurance companies seeking to recover payments they have made under their policies.”
Keating said the “basic rule” in negligence law is that liability requires proof of physical harm — that is, personal injury or property damage. Therefore, it can be difficult for victims to receive compensation from the county for purely economic loss or purely emotional distress.
For example, a local business owner might not receive compensation for economic loss caused by customers staying away during the fire if his store did not suffer physical damage.
However, if people can prove physical damage, even something minor like smoke damage, the county may then be liable for their other forms of loss, he added.
The fire began Sept. 9 and scorched about 57,000 acres (23,500 hectares), injured 22 people and destroyed more than 100 homes in Orange and Riverside counties, according to fire officials. The blaze was 95 percent contained Wednesday morning.
The four claims received by the county so far were filed independently of any coordinated legal efforts.
Mikhail Trubik filed a $2.34 million claim for his home, guest house and five-car garage, which were destroyed by the fire.
The other three claimants filed reimbursement requests for amounts ranging from $833 to $1,121 to cover hotel and food expenses during mandatory evacuation orders. Claims for personal injury or property damage must be filed within six months from the date of the loss, according to state law.
The county also received, as of Sept. 20, at least two notice of claim letters from law firms requesting that evidence related to the fire be preserved, according to the board secretary.
