Orange County is beginning to face claims from residents over losses caused by the Airport fire, which reportedly destroyed 160 structures and damaged 34 more.
The fire ignited on September 9 in Trabuco Canyon when a crew from OC Public Works accidentally started the blaze while operating heavy equipment, according to initial reports. The fire rapidly spread and crossed into Riverside County the next day, burning vegetation, homes, and cabins in its path.
Authorities reported that by Friday, containment of the fire had reached 50%, though the exact number of destroyed homes remains unknown.
Leon Page, the County Counsel, declined to comment on whether Orange County could be held liable for the damaged or destroyed properties or if the county carries insurance that would cover such disasters. Filing a claim is a necessary step before a lawsuit can be pursued against a government entity.
One of the first claims came from Mikhail Trubchik, a Laguna Hills resident, who filed for $2.3 million in damages after losing property in El Cariso Village near Lake Elsinore.
"My home, guest house, and five-car garage were completely destroyed in the Airport Fire caused by Orange County Public Works employees," Trubchik stated in his claim.
In an interview, Trubchik expressed that he feels fortunate, as the burned home was not his primary residence, and he owns another property. However, he emphasized that some of his neighbors lost their only homes.
“Some people are hiring attorneys, but I opted for what I believe is a reasonable claim. My request is below replacement costs,” he explained, stating that he’s only seeking compensation for rebuilding expenses. “The average construction cost for a non-custom home in Southern California is $550 per square foot. I requested $450 per square foot, and I’m not asking for reimbursement for personal property losses or anything else. I just want to keep things simple and avoid legal fees.”
A second claim filed with the county requests reimbursement of $1,043 for a hotel stay during the mandatory evacuation.
Additionally, two law firms, Schroeder Loscotoff Stevens LLP and Grotefeld Hoffmann, have submitted notices on behalf of unnamed insurance companies, asking the county to preserve any evidence related to the fire.
As of Friday, September 20, no further claims had been submitted, according to the Clerk of the Board.
The county's claim form, which must be delivered or mailed to the board clerk in Santa Ana, specifies that claims for personal injury or property damage must be filed within six months, while all other types of claims have a one-year filing deadline.
Who Can Recover Damages from the Airport Fire?
If you were forced to evacuate or experienced any recoverable damages due to the Airport Fire, you may be eligible to file a claim. Damages could include personal injuries or loss of property. In wildfire cases, victims of property damage fall into two categories: those who experienced a burndown (where the fire directly impacted their property) and those affected by Smoke/Ash/Evacuation (where the fire did not directly touch their property). Burndown damage can be partial or total and may involve only detached structures like garages. Smoke and ash damage varies, and in severe cases, furniture, clothing, and other items may need to be entirely replaced.
If the Airport Fire affected you or your family, you may have a valid claim. The experienced public utility disaster and wildfire attorneys at Avian Law Group have represented numerous wildfire victims across California. For a free consultation, call (949) 776-1632 or use the contact form on their website today.
Categories of Victims and Available Damages
Homeowner with a burndown, seeking to restore the property
You must still own the property to claim the following:
- Reasonable restoration costs (structures, hardscape, landscape)
- Fair Market Value (FMV) of contents
- Alternative Living Expenses (ALE) or Loss of Use (LOU)
- Personal Injury
- Loss of Income (subject to the Economic Loss Rule)
- Evacuation/Emotional Distress Damages, including Proximity to Fire/Zone of Danger
Homeowner with a burndown, not intending to rebuild or having sold the property
Even if you sold or do not intend to restore the property, you may recover:
- Diminution in Value (difference in property value before and after the fire)
- FMV of contents
- ALE or LOU (for the period of displacement until the sale)
- Personal Injury
- Loss of Income (subject to the Economic Loss Rule)
- Evacuation/Emotional Distress Damages
Homeowners without a burndown, but affected by smoke/ash or mandatory evacuation
Potential recoveries include:
- Restoration costs for smoke/ash damage (including landscaping if fire-touched)
- FMV of contents
- ALE or LOU (during the period of displacement)
- Personal Injury
- Loss of Income (subject to the Economic Loss Rule)
- Evacuation/Emotional Distress Damages
Renters with a partial or total burndown, unable to return to the property
Compensation for renters may include:
- FMV of contents
- Increase in living expenses for a reasonable time
- Personal Injury
- Loss of Income (subject to the Economic Loss Rule)
- Emotional Distress Damages
Renters impacted by smoke/ash or mandatory evacuation
Renters may recover for:
- FMV of contents
- Increased living expenses
- ALE or LOU (until you can return to the property)
- Personal Injury
- Loss of Income (subject to the Economic Loss Rule)
- Evacuation/Emotional Distress Damages
Visitors
Visitors affected by the fire may recover:
- FMV of lost contents
- Evacuation damages (Proximity to Fire/Zone of Danger)
Business Owners
Business owners may recover for:
- Real property restoration costs or Diminution in Value (if the property was owned but sold or planned for sale)
- FMV of business contents
- Loss of use (if property was owned, not rented)
- Lost profits due to negligence
Note: Any insurance recoveries you receive will offset potential awards from legal claims.
Who Can You File a Claim Against?
To file a fire damage claim in California or Arizona, you need to identify a party responsible for compensating your losses. Two main legal theories apply:
Inverse Condemnation
This allows a claim against a utility (public or private) if their equipment caused the fire. You need to prove that their equipment was the "cause and origin" of the fire. This theory does not require proof of negligence, and damages include compensation for real and personal property, statutory prejudgment interest, and attorneys' fees.
Negligence
A negligence claim requires proof that the responsible party acted wrongly, causing the fire. Though more challenging to prove, it can provide broader damages, such as personal injury, income loss, ALE, LOU, and emotional distress.
Understanding Economic Damages in a Fire Claim
Economic damages compensate for various harms, including:
Personal Injury
Recoverable if negligence can be proven, covering past and future medical costs, pain, and suffering.
Lost Income
If your property or person was physically affected, you may recover lost income or, in the case of businesses, lost profits, increased expenses, and costs from mitigating damages.
Emotional Distress
Available to those who can prove negligence, this includes damages for witnessing injuries to a family member, personal evacuation experiences, and the loss of home and possessions (Kelly Damages).
For legal representation or assistance with your claim, contact Avian Law Group at (949) 776-1632 for a free consultation.
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