Earlier this month, wildfires tore through the Island of Maui. While the fires affected an estimated 17,000 acres, the town of Lahaina was hit the hardest, leaving over 114 people dead and another 850 missing. More recently, residents who lost loved ones in the Lahaina fire have started filing lawsuits against Hawaiian Electric Industries Inc., claiming that the company was negligent in failing to shut off power despite high wind warnings stemming from an offshore hurricane.

If you lost a loved one in the Lahaina fire, the recently filed wildfire lawsuits may be of interest to your family. These personal injury and wrongful death claims seek compensation from Hawaiian Electric Industries based on the company’s alleged negligence in failing to prevent the Lahaina fire. If successful, your family may be entitled to significant financial compensation based on the tragic loss you endured. To learn more about your rights, as well as the status of Lahaina fire lawsuits against Hawaiian Electric, please see our recent piece on the topic here.

What Started the Lahaina Fire?

The Lahaina fire ignited on around August 8, 2023, and scientists are still in the midst of their investigation. However, one theory is that fallen power lines started the initial fire, which then spread rapidly due to the accurately-forecasted high winds. However, some claim that regardless of the cause of the Lahaina fire, Hawaiian Electric’s alleged failures in readying its electrical grid exacerbated the problem.

Is Hawaiian Electric to Blame for the Lahaina Fire?

If a downed power line was the precipitating cause of the Lahaina fire, there is a possibility that Hawaiian Electric’s failure to prepare its grid in anticipation of the gale-force winds that were forecasted. In the utility industry, this is referred to as “hardening the system” or “storm hardening.”

Storm hardening is a common practice among utility companies and describes a process of assessing potential risks in the electric grid to identify strategic actions that can be taken to mitigate those risks, harden infrastructure, and protect residents from outages, as well as fires that damaged power lines can cause.

What Could Hawaiian Electric Have Done to Prevent the Lahaina Fire?

While the cause of the Lahaina fire is still under investigation, and there has not been an admission of fault by Hawaiian Electric, many suggest that if Hawaiian Electric had hardened its system, the Lahaina fire could have been prevented. Every utility company takes an individualized approach when storm hardening; however, as a general rule, the process involves addressing the following:

• Replacing weak poles,
• Reinforcing poles with guy wires,
• Elevating substations,
• Burying power lines underground,
• Trimming vegetation around power lines, and
• Implementing technologically sophisticated infrastructure.

Of course, grid hardening can be an extremely costly endeavor; however, this is the recommended course of action for all utility companies, especially those in storm-prone areas.

What Damages May Be Available to Families Affected by the Lahaina Fire?

The Lahaina fire raises the possibility that Hawaiian Electric will face several different types of lawsuits. For example, current estimates place the number of fatalities at 114, and approximately 850 people are still missing. Families who lost a loved one in the Lahaina fire might be able to pursue a wrongful death claim against Hawaiian Electric.

In general, wrongful death damages are monetary compensation awarded to the family members or beneficiaries of a deceased person who died as a result of another's negligence. The purpose of these damages is to compensate grieving families for the loss of a loved one and to ensure that the party for their loss is held accountable.

The types of damages available in a wrongful death claim can vary but typically include:

Economic Damages: Economic damages refer to the quantifiable financial losses resulting from a loved one’s death. This could include lost wages the deceased would have earned in their lifetime, medical expenses incurred before their death, as well as funeral and burial expenses.

Non-Economic Damages: Non-economic damages refer to the intangible losses family members suffer due to the loss of their loved one. Common non-economic damages include compensation for pain and suffering, loss of companionship, and emotional distress.

It's essential for grieving family members to consult with experienced personal injury when considering a wrongful death claim, as the laws governing these claims are complex and can vary widely based on the underlying claim.

Are Personal Injury Damages Available to Those Who Were Seriously Injured in the Lahaina Fire?

Currently, it is not yet known how many people were seriously hurt in the Lahaina fire. However, given that an estimated 2,000 homes and businesses were burned to the ground, the number of injury victims is likely substantial.

Those seriously hurt in the Lahaina fire may be able to pursue a personal injury lawsuit against Hawaiian Electric. These Lahaina fire lawsuits, if successful, could provide victims with meaningful compensation which may include amounts for the following:

• Medical bills,
• Future medical expenses,
• Lost wages,
• Decrease in earning capacity,
• Pain and suffering,
• Loss of consortium and damage to familial relationships,
• Emotional distress, and
• Property damage.

About Hawaiian Electric Industries Inc.

Hawaiian Electric Industries Inc. is an energy company based in Honolulu, Hawaii. Hawaiian Electric and its subsidiaries, Maui Electric Co. Ltd., Hawaiian Electric Co. Inc. and Hawaii Electric Light Co. Inc., provide electricity to 95% of Hawaii residents. Hawaiian Electric employs approximately 3,350 people and generates over $3 billion in annual revenue.