Wildfires can have an immense physical and financial toll on people caught in the path of an uncontrolled blaze, destroying farms, ranches, timberlands, homes, communities, businesses, and families. Luckily, you can pursue damages if the city, state, or even federal government does not act properly to control the fire.
When you are seriously injured or sustain significant property damage in a wildland fire that was started by someone by accident, not effectively controlled by state or federal authorities, or used to achieve natural resource benefits, you may have grounds to take legal action against those responsible. Our attorneys could help you demand financial compensation for your wildland fire injuries and property damage. These cases are always uniquely complicated and difficult to pursue, so you should work with an experienced wildfire litigation lawyer. A dedicated attorney could be essential to achieving a favorable result.
Under most circumstances, government bodies at the local and state level can be held civilly liablemaking it possible to sue a state or local agency for fire suppression negligence.
Therefore, people can sue the local or state government body directly over a wildfire injury if the harm in question was directly caused or allowed to happen by the “negligence” of a government employee or agency. That said, state authorities can be given significant leeway to operate as they see fit to protect their own personnel and the safety of the public at large while fighting natural disasters, as a wildlandfire litigation attorney could explain the thorny details of this area of law.
When the federal government burns private property in an effort to fight “fire with fire,” it can be held liable for “takings” under the 5th Amendment of the U.S. Constitution. These actions arise under the “Tucker Act” and are filed in the Cort of Federal Claims. This legal principle, sometimes called “inverse condemnation,” can be described in brief as the opposite of “eminent domain.” When fighting wildfires or performing other services for the public good, government agencies and utilities can take control of private property through the principle of “eminent domain.” “Inverse condemnation” is the right of those private property owners to then seek reasonable compensation for damage done to their property through that “public use.”
Of course, this is a very basic summary of what is, in practice, an extremely complex and often controversial understanding of government authority. Once again, guidance from a seasoned lawyer could make a huge difference in the chances of a plaintiff effectively pursuing a wildfire claim built around these ideas and obtaining a fair and favorable outcome.
We are one of only a handful of law firms in the United States with experience in holding wrongdoers accountable for wildland fires. Controlling and containing a wildland fire is almost always a massive operation involving hundreds or even thousands of people working for state and federal agencies, and often doing that work on privately owned land. Untangling the complicated web of legal liability this creates when it comes time to recover for physical and financial harm caused by the disaster is never simple, especially if you try to do it alone.
The assistance you need to get the positive case result you want is available from one of the experienced and determined wildfire litigation lawyers. Many attorneys are intimidated by the legal obstacles victims of wildland fires face. If you have suffered such a disaster, you need an attorney experienced and tough enough to stand up to the government. Call us today to schedule a consultation.
(406) 721-9700