Inverse Condemnation, Explained in California
One doctrine can make wildfire property claims especially strong in some states: inverse condemnation. It is worth understanding, because it can allow recovery for property damage from a utility even without proving the utility was negligent.
What the doctrine means
In some states, a utility that provides a public service can be held responsible for property damage its infrastructure causes, even without proof of negligence — the idea being that the cost of damage from a public utility's operations should not fall on individual property owners alone. Where it applies, this can make a property claim more direct.
It applies to property, not injuries
Where available, this doctrine generally addresses property damage. Personal injury claims still rest on the utility's negligence. That is why wildfire cases often involve both paths — a property claim and an injury claim — established differently.
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Frequently asked questions
Do I have to prove the utility was negligent to recover my property loss?
Not always. In some states, inverse condemnation can allow recovery for property damage a utility's infrastructure caused even without proven negligence. Injury claims, though, generally still rest on negligence. A review can explain what applies to you.
California law — what people ask
How long do I have to file an injury claim in California?
Generally two years from the date you were hurt. If a government entity is involved — a city vehicle, a public road, a public hospital — you usually have to present a formal claim to that agency within roughly six months before you can sue at all, which catches people out far more often than the two-year date.
Can I still recover if I was partly at fault in California?
Yes. California uses pure comparative negligence, so your recovery is reduced by your percentage of fault rather than barred — even if your share turns out to be the larger one. There is no cutoff percentage that ends a claim here.
Does California cap what I can recover?
Not in an ordinary injury case. Medical-malpractice claims are the main exception, where non-economic damages are limited by a cap that steps up over time. For most claims — car crashes, falls, defective products — there is no statutory ceiling.
What if more than one person was responsible?
California splits the analysis: defendants can be jointly responsible for your economic losses such as medical bills and lost income, while non-economic damages like pain and suffering are apportioned to each defendant by its own share of fault.
The driver who hit me had no insurance. What now?
Your own uninsured or underinsured motorist coverage is usually the answer, and it commonly applies to hit-and-run collisions as well. Check every policy in the household, not only the one covering the car you were in.
Will the jury hear that my health insurance paid my bills?
Generally not. California follows the collateral source rule, so a wrongdoer does not get credit for insurance you paid for. How your medical damages are measured is a separate and often contested question.
Injury law in California
California injury law shapes your case in a few specific ways worth knowing early.
- Filing deadline: You generally have two years from the date of the injury to file — and only about six months to put a government entity on notice before you can sue.
- Fault: California follows pure comparative negligence, so you can still recover even if you were partly — or mostly — at fault, with your recovery reduced by your share of the blame.
- Damage caps: An ordinary California injury case has no cap on damages; medical-malpractice claims are the main exception.
- Uninsured drivers: California sets minimum auto-insurance limits and uninsured/underinsured-motorist rules that affect what coverage is available.
California injury law
This is general information about California injury law, not legal advice. Every case is different.
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