Northern Los Angeles has gone through several apocalypses since the Palisades, Eaton, and Hughes fires have ravaged the region. The death toll to date is about 25 people and the property damage is estimated to be about $385 million as of late January 2025, though both totals may go up before the fires are completely extinguished. Thousands of homeowners were reportedly dropped by insurance just half a year prior to the fire. The remaining insurance claims are estimated to be worth $28-30 billion.
Some Los Angeles residents who may be unable to recover on an insurance claim may attempt to proceed their damages in court. Spencer Pratt and Heidi Montag have filed a lawsuit against the City of Los Angeles and the Department of Water and Power (LADWP) after their home was destroyed in the Pacific Palisades Fire. Pratt and Montag are social media influencers on Snapchat.
The lawsuit alleges that the fires were “an inescapable and unavoidable consequence” of how the City and LADWP had allegedly managed the City’s water supply. The lawsuit claims that the Santa Ynez Reservoir had been out of commission since February 2024 and awaiting repairs because of a tear in its floating cover. However, the LADWP allegedly decided to operate the water supply system despite the drained reservoir to save money. With the reservoir effectively out of service, the hydrants in Pacific Palisades failed after three tanks each holding a million gallons of water went dry after 12 hours.
The lawsuit also alleges that the water system was designed for public use, so it didn’t have sufficient water pressure to fight the major fire.
Suing Public Entities Is Often a Challenge Because of Government Immunity
Public entities such as cities and city agencies often have government immunity that shields them from lawsuits. Such immunities often exist because the proper response to bad laws or poor government response is the voting booth, not the courtroom. The legislative and executive branches are able to provide a broader response for victims of a general governmental problem than on a case by a case basis that the courts can give.
California has a laundry list of such immunities though only a handful are ever applicable. Here are a few of the immunities for fire prevention and water management:
- Immunity for injuries resulting from condition of fire protection or firefighting equipment or facilities. (California Code of Civil Procedure §850.4) – This law applies broadly to all activities involving fighting fires, including driving to the fire, arrival time, operation of fire hydrants and water valves, and insufficient water at sprinklers. If a lawsuit alleges that a public entity while fighting fires, this immunity may bar the lawsuit from proceeding.
- Immunity for operation or failure of dam or reservoir (California Water Code §6028) – This law prohibits lawsuits against public entities on the basis that the state or government agency caused a partial or total failure of any dam or reservoir or operation by approving the dam or reservoir, issuing orders to maintain or operate the dam or reservoir, controlling or regulating the dam or reservoir, or taking measures to protect against failure during an emergency.
- Immunity for an injury cause by a natural condition of an unimproved public property. (Govt Code § 831.2 ) – A government employer or employee cannot be held responsible for a natural condition on public property. For instance, if an earthquake causes an injury on a public highway or bridge, no individual government employee can be liable through a lawsuit.
A homeowner suing a public entity must be able to overcome these immunities or they may not be able to recover anything from the public entity.
Do I Need the Help of a Personal Injury Attorney?
If you have sustained a personal injury through the unlawful act of another, then you should contact a personal injury attorney. A skilled personal injury lawyer near you can review the facts of your case, go over your rights and options, and represent you at hearings and in court.
