Understanding the Legal Claims in the California and Oregon Wildfires

Wildfire Litigation Updates

Oregon Appeals Court Wipes Out $1 Billion Wildfire Verdict

4/16/2026

On April 8, a state appeals court ruled that a nearly $1 billion verdict awarded in 2023 to Oregon wildfire victims must be overturned because of a faulty jury instruction.  The verdict was awarded in the aftermath of four separate wildfires that arose over the Labor Day weekend in 2020, including the 242 fire, the South Obenchain fire, the Echo Mountain complex and the Santiam Canyon fire; plaintiffs, comprising nearly 2500 property owners, alleged that PacifiCorp was responsible for failing to maintain the vegetation near its power lines and not shutting off the power lines, even in the face of dangerous winds that caused the fires to spread.

The three-judge Court of Appeals determined that the trial judge had made a “dispositive error” by giving the jury a prejudicial instruction that it could “assume that the evidence at the trial applies to all class members” despite the fact that certain evidence did not apply across the board to all class members who were separated by as much as a hundred miles.

The Court wrote:

“Given this particular class action proceeding — that is, the nature of the class the trial court certified, the evidence presented, and plaintiffs’ theories of causation — that instruction was legally erroneous, because certain evidence at trial, particularly related to causation, did not necessarily apply to every class member,”

Counsel for the property owners pointed out that the appellate court did not dispute the facts of the case or the findings of the jury that PacifiCorp’s negligence was the cause of the fires; instead, the court focused only on the trial judge’s erroneous jury instruction. Counsel for the defendant pointed out that the court did concur that “plaintiffs did not have a single unified theory of causation” that tied all the plaintiffs from the different fires together.

It is likely that the plaintiffs will appeal to the Oregon Supreme court while the defendant will try to halt ongoing damage trials and challenge class certification. PacifiCorp has already paid over $2 billion in similar settlements including $575 million to the federal government for damages to public lands.

3/12/2026

In another verdict on March 11, an Oregon jury found power company PacifiCorp liable for $53 million in noneconomic damages; the award amounts ranged from $2 million to $5.7 million and were made to each of 12 plaintiffs who suffered damages as a result of PacifiCorp’s failure to shut down power lines on Labor Day 2023, even though weather forecasts predicted dangerous wind storms approaching the state. PacifiCorp had already settled with the plaintiffs for their economic damages. Counsel for the defendant had sought noneconomic damage amounts ranging from $450,000 to $950,000.

PacifiCorp is appealing the 2023 jury’s finding that it was liable to the entire class of property owners who suffered damages as a result of the fires that occurred around the state.

3/10/2026

The electric company PacifiCorp has been the focus of a number of efforts to resolve claims for damages to approximately 290,000 acres of public land resulting from wildfires that raged throughout Northern California and Oregon on Labor Day weekend in 2023.

In early February, the power company and its subsidiary, Pacific Power, agreed to pay $575 million to resolve claims brought by the federal government for damages caused by a number of fires in Oregon, including the Archie Creek Fire that burned in Douglas County (involving 131,000 acres), the “242” fire in Klamath County  (8916 acres), the “Echo Mountain  Complex Fire” in Lincoln County (2500 acres) and the “South Obenchain Fire” in Jackson County (14,780 acres). Each of these fires involved federal land and settlement funds will be distributed to both the Forest Service and the Bureau of Land Management. The settlement followed a 2023 jury verdict in which the company was found grossly negligent for the fires; the company appealed that verdict.

The funds will also be used to resolve claims resulting from several California fires that occurred on federal land between 2020 and 2022. These fires include the September 2020 “Slater Fire,” (157,229 acres of federal land located within the Klamath, Six Rivers and Rogue River-Siskiyou National Forests) and the July 2022 “McKinney Fire” that occurred on land next to the Klamath National Forest (39,000 acres).

The government had argued that PacifiCorp was liable for the damage caused by the fires as a result of the company’s negligence. PacifiCorp continues to deny responsibility for the fires.

In a separate incident, a jury in Multinomah County, Oregon found PacifiCorp liable for a fire that broke out in Santiam Canyon in 2020 and awarded $305 million to 16 people who claimed the company’s electrical equipment caused the catastrophic fire that burned thousands of acres in the Oregon canyon.

In another wildfire trial, an Oregon jury awarded $34 million to 13 plaintiffs who sued PacifiCorp for noneconomic damages that also resulted from the 2023 Labor Day fires. Counsel argued there were five categories of damages warranting compensation: the plaintiffs’ escape, loss, displacement, rebuilding and aftermath.

4/29/2025

The 2025 LA wildfires have left a devastating toll, destroying thousands of structures, displacing families, and tragically taking lives. As victims navigate recovery, legal action is emerging to hold responsible parties accountable, with lawsuits targeting utility providers, municipalities, and other entities whose negligence may have contributed to the fires.

Lawsuits Against Southern California Edison (Eaton Fire) 

Victims of the Eaton Fire in Altadena are filing lawsuits against Southern California Edison (SCE), alleging that its negligence caused the fire. Initial claims argue that SCE failed to maintain its electrical equipment and did not de-energize power lines despite National Weather Service Red Flag Warnings of high winds and dry conditions. Evidence, including video footage and electrical monitoring data, suggests that SCE’s equipment may have ignited the fire, which burned over 14,000 acres and led to at least 24 fatalities.  While SCE denies responsibility, plaintiffs are seeking compensation for property loss, personal injury, evacuation costs, and emotional distress. Additionally, punitive damages are being pursued to hold SCE accountable for its alleged failure to prevent a foreseeable disaster. 

Inverse Condemnation Claims: Holding Utilities Accountable 

Beyond negligence claims, lawsuits against SCE also invoke California’s inverse condemnation doctrine, which holds utilities financially liable for fire damage caused by their equipment, regardless of fault. This strict liability standard could significantly impact settlement payouts, forcing SCE to compensate victims for losses even if negligence is not proven.  Investigations by CAL FIRE and the ATF are ongoing and will play a key role in determining liability, influencing potential settlements or jury verdicts. 

Palisades Fire: Infrastructure Failures and Liability 

The legal strategy for the Palisades Fire lawsuits has so far focused on inverse condemnation claims related to municipal failures. Plaintiffs argue that the city’s failure to maintain an adequate water supply severely hindered firefighting efforts, worsening the destruction.  A critical factor in these claims is a 117-million-gallon water reservoir that was left out of service for nearly a year, which plaintiffs assert directly impacted fire suppression efforts. However, California law (Government Code §850) generally shields municipalities from liability for failing to provide fire protection services. To overcome this hurdle, plaintiffs will focus on infrastructure failures, rather than emergency response deficiencies, as a legal basis for municipal accountability. 

What’s Next for Edison? 

Utilities with a history of wildfire negligence have faced significant financial consequences. PG&E’s liabilities exceeded $30 billion, leading to bankruptcy. PacifiCorp was found grossly negligent for the 2020 Oregon wildfires and faces up to $46 billion in claims. With Edison’s history of fire-related lawsuits—including the 2017 Thomas Fire and 2018 Woolsey Fire—substantial settlements or verdicts are likely.  The lawsuits against Edison will send a strong message: utilities that put profits over safety will be held accountable. For fire victims, securing fair compensation—not just becoming part of another mass tort machine—should be the priority. 

Seeking Justice for Wildfire Victims 

These lawsuits are part of a broader fight for justice, not only securing financial relief for victims but also pushing for stronger fire prevention and corporate accountability. Whether through negligence claims, inverse condemnation, or municipal liability challenges, attorneys representing wildfire victims are committed to ensuring that those responsible for preventable disasters face the consequences of their actions  At Verus, we understand the complexities of mass tort litigation and the need for expert support in managing claims, data, and case administration. Our experienced team is ready to assist law firms and legal teams handling these cases, providing the technology, processes, and resources needed to streamline mass tort and class action claims.    Contact Verus today to learn how we can support your firm in wildfire litigation.