Let’s imagine, you bought your dream home with a beautiful, spacious backyard. The backyard is bordered off with a wooden fence. Beyond the fence, lies an open green field with tall, brown power lines. One day, the weather brings heavy wind, blowing at twenty to twenty-five miles per hour. The National Weather Services issued a red flag warning and provided notice to the local electric company days before. The power lines were not shut off.
Suddenly, debris starts to fly in the air. Tree branches start to break off and spin in the air. The debris and branches come into contact with the electrical poles and ignite a fire. Immediately, the fire starts to spread across the open space and—into your neighbors’ and your backyard.
Now, all of your vegetables and plants are destroyed, your wooden pool deck has disintegrated to fibers, and your lovely bedroom is destroyed. What legal claim(s) may be available?
Varela, Erik Camacho, "High Winds, Red Flag Warnings, and Active Power Lines: a Recipe for Disaster and Just Compensation" (2023). GGU Law Review Blog. 114.