Power outages are common in California's wildfire-prone areas, especially during periods of high fire risk. Utility companies often implement Public Safety Power Shutoffs (PSPS) as part of their wildfire prevention efforts.
While these shutoffs are meant to reduce fire hazards by de-energizing power lines in areas with dry conditions or strong winds, they can create significant disruptions for individuals, families, and businesses.
Many Californians ask, “Can you sue for power outages caused by wildfire prevention efforts?” Knowing your rights is mandatory when facing such situations, particularly if financial losses or safety concerns arise. Schedule a free consultation with our California wildfire attorney for expert guidance.
Why Are Power Outages Occurring?
Wildfire prevention strategies have taken center stage in California. Utility companies, such as Pacific Gas & Electric (PG&E), Southern California Edison, and San Diego Gas & Electric, execute PSPS events to reduce the chances that their equipment will ignite a wildfire.
These outages are often triggered during weather conditions that amplify fire risk, like high winds or extreme heat. While reducing fire threats is a priority, power shutoffs can have wide-reaching consequences.
Medical equipment may lose functionality, refrigerated goods may spoil, businesses may need to close indefinitely, and critical services can be interrupted. Many California residents and business owners have wondered whether they have legal recourse to recover losses linked to these outages.
California Laws Regarding Power Outages
California law allows utility companies to implement PSPS events to protect public safety. However, questions about accountability arise when these outages are poorly managed or unnecessary.
Several factors come into play when considering legal action for damages, including the reason for the outage, how it was handled, and whether the utility company followed regulations.
Under California's Public Utilities Commission (CPUC) guidelines, utility companies must provide notice before a PSPS event, except in emergencies. They must also ensure their infrastructure is regularly inspected, maintained, and retrofitted to prevent catastrophic failures.
They may be held liable if these organizations fail to meet their responsibilities and their negligence results in harm.
When Can You Sue a Utility Company for a Power Outage?
Not every outage caused by wildfire prevention efforts leads to legal accountability. Whether you can sue depends on the following conditions:
Negligence in executing the power shutoff
A utility company could be held responsible if its employees or systems fail to follow established safety protocols during the PSPS event. For instance, improper notice or insufficient resources to mitigate public disruption may open the door to legal claims.
Failure to meet infrastructure standards
Utility companies must take reasonable measures to maintain and upgrade their equipment to withstand extreme weather conditions. The company may be at fault if outdated equipment sparks a fire hazard and leads to an outage.
Direct financial losses
Businesses forced to shut down due to prolonged power outages can suffer significant financial harm. Homeowners who experience property damage or safety hazards due to outages might also have grounds for a lawsuit.
Violation of state regulations
California mandates specific requirements for how PSPS events are carried out. You may have a valid case if you can prove the utility company violated these laws.
Harm to vulnerable populations
Power outages can endanger individuals who rely on electricity for medical devices or other life-sustaining equipment. Failure to provide adequate support to these individuals may lead to liability.
While it’s not always immediately clear whether a lawsuit is viable, consulting with qualified legal representatives can help you assess your situation effectively.
Common Damages People Face After Power Outages
The effects of a PSPS event are not limited to inconvenience. California residents in wildfire zones experience numerous losses, including:
Spoiled goods
Prolonged outages can spoil food and other perishable items for households and businesses alike. Small businesses like restaurants or grocery stores may lose thousands of dollars.
Lost business revenue
Businesses forced to close during outages lose income for every hour or day without power. For establishments reliant on refrigeration, it can mean starting over with new inventory.
Health risks
Residents with health conditions using electric-powered medical devices like oxygen concentrators, CPAP machines, or nebulizers face life-threatening risks without power.
Property damage
Critical home systems like sump pumps, heating, or air conditioning may fail without electricity, leading to extensive, costly repairs.
Unexpected expenses
Families may spend money replacing spoiled food, relocating to temporary lodging, or buying generators—which come with maintenance and fuel costs.
These tangible losses, paired with the disruption to daily life, can leave many wondering how to seek justice.
Steps to Take in the Days After a PSPS Event
If your household or business has been affected by a wildfire-related power outage, there are steps you can take to protect your rights and potential claims.
Gather documentation
Keep detailed records of any losses you incurred. Save receipts for purchases made due to the outage, such as food, fuel for a generator, or hotel accommodations. Businesses should document lost revenue figures during the days without power.
Review communication from the utility company
Utility companies typically notify residents about upcoming PSPS events. Document the notice you received, including its timing and content. If notice wasn’t provided, note when the power went out and returned.
Track medical concerns
If you or someone in your household relies on medical equipment that requires electricity, document how the outage affected health and safety. This is critical in proving harm in potential legal claims.
File complaints with the CPUC
Submit formal complaints to CPUC to ensure your concern is on record. While this step won’t resolve the matter overnight, it establishes your grievance against the utility company.
Assess insurance coverage
Review your insurance policy to determine whether coverage applies to certain losses. Some policies may partially cover losses from electrical outages.
Consult with an attorney
Speaking with an attorney experienced in wildfire-related litigation ensures that your case is assessed thoroughly. They can help you determine whether the utility company was negligent and guide you through available legal options.
Utility Company Defenses Against Lawsuits
Utility companies often deny responsibility when lawsuits are filed over Public Safety Power Shutoffs (PSPS) tied to wildfire prevention. They argue that cutting power is essential to protect public safety and that their actions comply with California Public Utilities Commission (CPUC) regulations.
These positions can make it challenging for individuals or businesses to recover losses caused by prolonged outages.
- Public Safety Justification
Utility companies frequently claim that PSPS events are necessary to prevent catastrophic wildfires. They argue that proactive shutoffs are mandated under state-approved safety protocols and serve the greater good, even if they cause inconvenience or financial losses. - Compliance With CPUC Regulations
Utilities often point to CPUC rules, asserting that their actions fully comply with the standards established for wildfire prevention. They may argue that, as long as they followed these rules, they cannot be held liable. - Force Majeure Defense
Some companies invoke the "act of God" defense, asserting that extreme weather conditions or unavoidable circumstances left them with no choice but to initiate a power shutoff. This defense often attempts to absolve them of responsibility by attributing the outage to larger, uncontrollable events. - No Direct Causation
Utilities may argue that the financial or physical losses incurred by individuals were not directly caused by their PSPS decisions but rather by secondary factors, such as lack of preparation or individual choices during the outage. - Reasonable Operational Decisions
Utility companies might frame PSPS actions as reasonable decisions made with the information available at the time. Explaining that these measures were taken to minimize risk rather than cause harm can be a central part of their defense. - Insulated by Liability Caps
For some utilities, liability caps or limits on damages in specific situations might shield them from paying the full extent of claims. These limits are often tied to CPUC-approved business practices.
Utility companies often have the resources to mount aggressive legal defenses, making it essential for affected individuals and businesses to build strong, evidence-based claims.
Can You Recover Compensation?
Securing compensation is possible, but it requires a strong case. Potential settlements or awards may cover financial losses like spoiled goods, lost revenue, increased living expenses, or medical bills.
Claiming compensation involves showing a clear connection between the outage and your damages. Wildfire lawsuits against utility companies can be complex and challenging.
A successful case often hinges on proving the company’s failure to responsibly execute its wildfire prevention policies, maintain its infrastructure, or comply with governmental requirements.
Legal Implications of Prolonged Outages on Rental Agreements
Power outages caused by wildfire prevention efforts can leave tenants and landlords questioning their rights and responsibilities. Prolonged outages may disrupt daily life, especially affecting essential services like heating, cooling, or medical equipment.
California law provides certain protections for renters in these situations, but resolving disputes often involves understanding the terms of the rental agreement and state housing laws.
When is a rental unit considered uninhabitable?
Under California law, landlords must maintain rental units in a habitable condition. This means the property must meet certain standards, such as access to electricity, running water, and heating.
If a power outage renders the unit uninhabitable for an extended period, tenants may have legal grounds to take action. Key factors include the outage duration and whether it affects essential living conditions.
For example, a short outage might not qualify as making a unit uninhabitable, but a week-long loss of power could especially if it leaves tenants unable to store food, operate appliances, or maintain a livable temperature.
Tenant rights during prolonged outages
Tenants may be entitled to certain remedies if a property becomes uninhabitable due to a power outage.
Here are some options to consider:
- Request Repairs or Temporary Accommodations
Tenants can notify their landlord and request prompt action to resolve the problem. While landlords may not control utility decisions, they could be expected to provide temporary accommodations if the outage makes the unit unlivable. - Rent Reduction or Withholding
California laws allow tenants to request a reduction in rent when a rental unit cannot be used as intended. For example, if a significant portion of the rental agreement is based on having access to power, tenants may argue that a portion of the rent should be waived. - Lease Termination
If the outage persists and the unit remains uninhabitable for an extended period, tenants may have grounds to terminate their lease without penalties. This requires proper notice and documentation showing that the conditions were unresolvable.
Landlord obligations
While landlords often cannot prevent power outages tied to wildfire prevention efforts, their responsibilities do not entirely disappear. They are expected to communicate with tenants, provide updates about the outage, and offer solutions when possible.
For example, landlords could sometimes provide portable generators or arrange temporary accommodations. Failing to address tenant concerns could result in legal disputes or financial liability.
Steps tenants can take:
- Document the Problem
Record the dates, times, and conditions created by the outage. Take photos or videos of any issues, such as spoiled food or unusable appliances. - Communicate With the Landlord
Notify your landlord in writing about the issues caused by the outage. Keep copies of all emails or letters for your records. - Check Your Lease Agreement
Review the terms of your rental agreement to understand your rights and the landlord’s obligations. Some agreements may include clauses related to outages or temporary habitability. - Consult Housing Laws
California Civil Code Section 1942 outlines tenant rights when a property becomes uninhabitable. Familiarize yourself with this law to determine whether you can request rent reduction or other remedies. - Seek Legal Guidance
If the landlord fails to address the issue or denies your requests, it may be time to discuss your options with an attorney. Legal representation can help ensure your rights are protected.
Understanding these implications can help tenants and landlords address prolonged outages more effectively and avoid lengthy disputes.
Why California Residents Should Act
Ignoring preventable power outages allows utility companies to continue disrupting lives and businesses during wildfire season. Holding these corporations accountable helps individuals and businesses recover financially and encourages companies to adopt better safety practices.
If a wildfire-related power outage has impacted you, there’s no need to face these challenges alone. Contact a California wildfire attorney to discuss your case. With extensive experience addressing corporate negligence, Bernheim Law seeks justice and compensation for its clients.