5 Lahaina residents files lawsuit against Hawaiian Electric for ‘incredibly traumatic’ Maui wildfire

Five Lahaina residents have filed a lawsuit against Hawaiian Electric Industries, the largest electricity provider in Hawaii, accusing the company of causing the Maui wildfire disaster that killed 99 people, destroyed thousands of homes, and burned over 11,000 acres last week.

The lawsuit claims that the company was “a substantial factor” in the worst U.S. wildfire in more than 100 years and that it should be liable for “negligence, trespass, and nuisance."

The lawsuit was filed on Monday by Singleton Schreiber, a law firm based in San Diego and Wailuku. Gerald Singleton, the managing partner of the firm, said that “Everything we’ve seen indicates the power lines started the fire.”

The lawsuit alleges that Hawaiian Electric failed to de-energize their power lines or implement a “public power shutoff plan” to prevent the fire from spreading, despite having enough time and expertise to do so. The lawsuit also states that the company’s “aging utility infrastructure” consists of wooden poles and exposed power lines that are prone to sparking fires. Plus, the company has a history of neglecting the maintenance and inspection of its equipment and the dry vegetation around its power lines.

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The lawsuit argues that Hawaiian Electric ignored the warnings of local officials and the National Weather Service about the extreme fire risk posed by Hurricane Dora, which passed south of the state on Aug. 9. The hurricane brought “strong and gusty easterly winds” and created a “fire weather watch” and a “red flag warning” for dry areas.

Singleton said that he is waiting for Hawaiian Electric to respond to the lawsuit.

The company has not commented on the pending litigation, as per its policy. The company said that it is currently focused on supporting emergency response efforts and restoring any lost electricity.

Singleton said that “People are very frustrated and upset, even though this is not something that took people by surprise, Hawaiian Electric knew there was a hurricane and did not take the steps they could’ve easily taken to protect people.”

“The power wasn’t shut off, these different options weren’t employed,” he added.

“It’s been incredibly traumatic.”

Incredibly traumatic experience

The plaintiffs are homeowners, business owners, and renters who lost property in the fire and are seeking damages to help them rebuild and recover their losses.

Singleton said that more and more people affected by the west Maui fires are contacting his law firm to file their own lawsuit. He expects a settlement but also anticipates a challenge in how much the company will be able to pay or if it will go bankrupt.

The plaintiffs did not want to comment on the case but many Maui residents are unhappy with how the fire was handled and prevented. Lianne Driessen, a Lahaina woman who lost her family home in the fire but is not a plaintiff in the case, said, “There still is a lot of uncertainty, I feel on a personal level a lot of anger, I’m not a political person, I love my country, I’m proud to be American but the lack of immediate response and continued response (is frustrating).”

She also said, “We lost hundreds of people and an entire community.”

Some individuals recollected how power lines played a role in the initial phases of the wildfires.

Kyle Ellison, a Kula resident who is not involved in the lawsuit, witnessed the fire's inception in his backyard on a Tuesday morning. "There's a ravine behind our home, and the winds have been incredibly strong," he remarked on the following Wednesday.

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He observed several trees toppling over and then heard a distinct loud sound, "which we can only assume was an electrical transformer." Within a minute, his internet connection vanished, and the smell of smoke permeated the air. While his own house remained intact, the neighboring houses did not fare as well.

"I've been a lifelong resident here, and I've never witnessed anything of this magnitude," he expressed.

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