Los Angeles, California — A recent mass tort complaint against the Los Angeles Department of Water and Power (LADWP) aims to address potential liabilities related to municipal infrastructure maintenance during significant disasters. This lawsuit, filed Monday in Los Angeles County Superior Court, claims that deficiencies in the utility’s water management practices contributed to extensive damage in the ongoing Palisades Fire.
The case, identified as Grigsby et al. v. City of Los Angeles et al., alleges that systemic failures within LADWP’s management of the Santa Ynez Reservoir exacerbated the impact of the fire. The reservoir, holding 117 million gallons, was offline at a critical time, impacting firefighting efforts.
Lead attorney Roger Behle from Foley Bezek Behle & Curtis LLP cited relevant past instances in California where similar issues have led to successful claims against municipal utilities. In particular, he referenced the 2008 freeway complex fire in Yorba Linda, where inadequate water supply significantly hampered firefighting efforts.
Behle raised concerns about LADWP’s decision-making regarding maintenance and repairs. “The repair history of the Santa Ynez Reservoir raises questions. Instead of handling a manageable issue internally, the project was outsourced, leading to higher costs and delays,” he said.
The lawsuit will explore three main areas: the timing of repairs to the reservoir, the choice to contract out maintenance services, and how communication failures with emergency responders may have hindered firefighting operations. Behle mentioned that there is intelligence suggesting that the Los Angeles Fire Department was not made aware of the reservoir’s lack of water when the fire broke out.
Though LADWP representatives were unavailable for immediate comment, the utility faces increasing scrutiny. Behle stated that the discovery phase of the litigation will incorporate expert testimonies to establish a connection between these failures and the damages incurred.
He acknowledged, however, that while the reservoir’s full capacity might not have fully mitigated the destruction, having that water available could have significantly contained the fire’s impact. “Even a fraction of that water could have made a substantial difference in preserving homes and property,” he emphasized.
California Governor Gavin Newsom has initiated an investigation into LADWP, specifically its management of water resources and maintenance protocols during periods of heightened fire risk. The governor pointed out issues related to low water pressure from fire hydrants and indicated that the decision to decommission the Santa Ynez Reservoir likely compromised the capacity of emergency responders to protect lives and properties.
This litigation seeks compensatory damages for residents of Pacific Palisades who suffered property losses or personal injuries due to the fire. Behle’s firm has a track record of representing victims from several past wildfires, including those in Woolsey (2018), Thomas (2017), Bobcat (2020), and the recent Hawaii fires.
The situation underscores the critical nature of proper infrastructure management by public utilities, especially in regions prone to natural disasters. As the investigation and litigation progress, the implications of this case could extend far beyond the immediate concerns surrounding the Palisades Fire.
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