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Q: How can we sue LA County for negligence in the Eaton fire response?

I lost my home in the Eaton fire in Altadena, CA. My family and I received no evacuation warnings, and there was no firefighting assistance or water during the incident. My daughters are traumatized by the experience, and we learned that a neighbor died without any warning. Many residents in west Altadena have similar accounts. Despite attending community listening sessions, we haven't received any official response to these failures. Although law firms show interest in cases against Southern California Edison, they haven't addressed suing the county for negligence. How can we proceed with legal action against the county of Los Angeles for their negligence during the fire?

2 Lawyer Answers
Haleh Shekarchian
PREMIUM
Answered

A: You have six months time limit from the date of the incident in which to file a claim against the government entity. However, the case against Edison is a much stronger case. Edison has admitted fault and a mass tort action ( NOT a class action) is being pursued against Edison. You recover much more money in a mass tort action as opposed to class action. You should contact anyone of us on Justia for a free consultation.

Tim Akpinar agrees with this answer

James L. Arrasmith
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Answered

A: First, you must file a claim with LA County within 6 months of the incident. To sue a government entity like Los Angeles County, you must start by filing a claim for damages directly with them before initiating a lawsuit. This initial step is mandatory under the California Tort Claims Act, which governs lawsuits against government entities.

The claim should detail how the county's negligence contributed to your losses - specifically the lack of evacuation warnings, firefighting assistance, and resulting trauma. You may have grounds for a claim based on the government's failure to properly supervise employees or for premises liability if they failed to address hazardous conditions they knew about. The Washington Post analysis showing officials knew about the fire's westward spread hours before evacuation orders were sent could be valuable evidence.

After filing, gather documentation of your losses and collect witness statements from neighbors with similar experiences. Preserving evidence related to the incident is crucial in proving negligence. Consider joining with other affected residents to strengthen your case. If your claim is denied or ignored for 45 days, you'll have six months to file a lawsuit in court. Given the complexity of government liability cases, working with an attorney who specializes in claims against public entities will significantly improve your chances of success.

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