Lawsuit accuses Southern California Edison of negligence in devastating Eaton Fire

A new lawsuit filed on behalf of victims of the Eaton wildfire, which has destroyed over 7,000 structures and claimed 16 lives in Altadena as of Monday, accuses Southern California Edison of negligence for failing to properly maintain power lines and manage vegetation in the fire-prone area.

Attorneys with McNicholas & McNicholas LLP, Becker Law Group and Singleton Schreiber announced the lawsuit on Monday. The firms said they had met with more than 500 victims of the firm.

"In my decades of experience handling wildfire litigation, the Eaton Fire is among the most devastating and heart-wrenching cases I've seen," Patrick McNicholas of McNicholas & McNicholas said in a news release. "This goes beyond a failure of responsibility -- it is gross negligence in an area highly vulnerable to wildfires, especially with well-documented weather alerts and high wind risks. We are committed to holding Southern California Edison accountable for their alleged negligence and to seeking justice for victims who have lost their homes, livelihoods and loved ones."

Jeff Monford, a spokesman for Southern California Edison, said, "Our hearts remain with our communities during the devastating fires in Southern California, and we remain committed to supporting them through this difficult time. SCE crews, contractors and mutual assistance partners are dedicated to safely restoring power to our customers.

"SCE understands that a lawsuit related to the Eaton Fire has been filed but has not yet been served with a complaint," Monford continued. "SCE will review the complaint when it is received, the cause of the fire continues to be under investigation."

The complaint shared by the plaintiffs' attorneys on Monday claimed that the Eaton fire was caused either by direct contact between power infrastructure and vegetation or by sparks emitted from infrastructure igniting vegetation. Kreiner et al. v. Southern California Edison et al., 25STCV00766 (L.A. Super. Ct., filed Jan. 13, 2025).

"The conditions and circumstances surrounding the ignition of the Eaton Fire, including the nature and condition of Edison's electrical infrastructure, low humidity, strong winds, and tinderlike dry vegetation were foreseeable by any reasonably prudent person and, therefore, were certainly foreseeable to Defendants -- those with special knowledge and expertise as electrical services providers and their employees and agents," the complaint read.

"In fact," it continued, underlining this statement, "prior to the Eaton Fire, Edison identified the Eaton Canyon area as an extreme risk area, where topography, historical fires, and local fuel conditions put it at higher danger."

In a phone call on Monday, McNicholas cited a "multitude of factors" indicating that Edison caused the Eaton Fire.

"First of all, there are overground wires there," he said. "There is vegetation growing in and around those overground wires. There are eyewitness reports that the fire was ignited at the place of origin at the time the fire started. There's also photographic evidence, and there's also video evidence."

Southern California filed an incident report related to the Eaton Fire on Jan. 9, according to a news release from the company on Sunday. Such reports are filed for incidents that meet criteria including significant media attention, governmental investigation or property damage exceeding $200,000, the release said.

"SCE conducted preliminary analysis of electrical circuit information for the four energized transmission lines in the Eaton Canyon area," the release said. "That analysis shows no interruptions or operational/electrical anomalies in the 12 hours prior to the fire's reported start time until more than one hour after the reported start time of the fire. Aside from the preservation notices suggesting SCE's potential involvement and media attention surrounding the fire, SCE would not have filed an ESIR."

Utilities file an Electric Safety Incident Report (ESIR) to document significant incidents involving their electrical systems. These reports provide detailed information that may suggest a potential link between the utility's infrastructure and the incident, even when the exact cause remains under investigation. While filing an ESIR does not imply liability, it underscores the seriousness of the event and initiates a formal review process.