Lieff Cabraser Heimann & Bernstein, LLP

Support for the Victims of the San Bruno Explosion and Fire

Lieff Cabraser expresses its deep condolences to the injured and families who have lost loved ones and all who have lost their homes and possessions or otherwise suffered property or other loss or damages from the devastating gas line explosion and fire in San Bruno, California.

San Bruno Gas Explosion and Fire

With a roar heard for miles, recorded as a seismic event with a magnitude of 1.2, a Pacific Gas & Electric natural gas line explosion ripped through the Crestmoor neighborhood of San Bruno, California, on September 9, 2010, sending up a geyser of fire that killed four people and left three more missing and presumed dead. The wind-aided fire leaped from structure to structure, destroying 37 homes, damaging over 120 other homes and structures and inflicting other losses and damages on nearby residents and owners.

Engineering experts have stated that the likely causes of the explosion was from a leak in PG&E’s high pressure gas line. 

Nearby Area of Pipe Identified as High Risk for Failure

As early as 2007, PG&E considered a portion of the gas main that ruptured and triggered the deadly San Bruno blaze to be at “unacceptably” high risk for failure, according to company documents. The utility company had planned to repair by 2013 a 7,481-foot long section of the 54-year old pipe, which it deemed “based on internal risk assessments made in 2007”one of PG&E’s “top 100 highest risk line sections.”

The break was just 2.8 miles south of the section of the pipe that was deemed to be at high risk, according to the California Public Utilities Commission, which oversees natural gas pipelines, and PG&E officials.

A History of Serious Pipeline Accidents: PG&E Gas-Main Blasts

Between 1986 and last month, PG&E had 132 “significant incidents” with its natural gas transmission and distribution pipelines, according to records from the Pipeline and Hazardous Materials Safety Administration. Those incidents resulted in 18 fatalities, 64 injuries and $41 million in property damage. They were caused by a variety of problems, including pipeline corrosion, failed valves, and excavation damage by contractors.

Separate from its accident record, in May 2008 the Public Utilities Commission found that PG&E had not properly trained its field representatives on the use of gas-detection equipment and grading leaks outdoors.

Significantly, the failed pipeline, like many others still out there, lacked an automatic shut-off valve necessary and able to quickly arrest and curtail fires and explosions.

Frequently Asked Questions and Answers

Families of victims of the San Bruno fire disaster and owners of properties lost or destroyed are welcome to contact Lieff Cabraser for answers to your questions concerning PG&E’s legal responsibilities, your homeowner insurance policies, your legal rights, and possible remedies. Please click here to contact your lawyer at Lieff Cabraser or call our San Francisco office at 415-956-1000 and ask to speak to partners Heather Foster or Fabrice Vincent.

Owners or renters of the homes destroyed or damaged in the fire that tore through a San Bruno neighborhood Thursday face a challenging process to recoup their losses.

Getting fairly and fully paid for compensation for property damage, personal injuries and/or deaths of loved ones typically requires help.

Q: What should people do who sustained injuries, deaths of loved ones and/or property damages, including potential diminution of property values?

Consulting knowledgeable attorneys about your rights is likely to be empowering and educational.  One has the right to consult with attorneys about any and all potential claims, including insurance claims, and attorneys are well positioned to advise one of the potential claim values and of the legal deadlines applicable to filing claims and/or suits lawsuits for reimbursements and/or damages.  Many attorneys, including Lieff Cabraser, are willing to provide free consultations without obligation.

Q: Are there any precautions people need to keep in mind before filing insurance claims, like how to truthfully answer questions without prejudicing one’s right to fair compensation?

Yes.  We advise people to consult with knowledgeable insurance experts, including attorneys. You may find useful reading a series of questions and answers published in the San Francisco Chronicle with Amy Bach, Executive Director of United Policyholders, a San Francisco non-profit organization.

Q: Can you have money advanced by PG&E and/or by your insurance company without prejudicing your potential future claims?

PG&E and insurance companies have reportedly volunteered advance payments to affected residents that purportedly may be accepted without prejudicing potential future claims.  However, it is important to carefully read and study any and all such offers to make sure there are no hidden costs or prejudices that are included.  Consulting with an attorney prior to signing any legal documents can often help guide appropriate action and reveal potential problems.

Q: How quickly must I hire an attorney?

You should not feel pressured to make an immediate decision about hiring counsel.  Focusing on restoring your health or mourning the loss of loved ones should take precedence over legal issues at this difficult time.  However, keep in mind that there are deadlines for filing lawsuits.  This deadline is known as the statute of limitations.  Personal injury claims in California have a two year statute of limitations (C.C.P. § 335.1); property damage claims typically have a three year statute of limitations (C.C.P. § 338).

Q: What are my legal rights after an accident or injury?

An injured victim may bring a claim for damages for negligence, along with his or her spouse. A decedent’s spouse and children, if any, are normally entitled to sue in California for wrongful death damages. If there is no spouse, then a child (or guardian of a child) may sue, and if there is neither a spouse nor child, then the decedent’s parents are entitled to sue. After the parents, siblings are next in line under the law.  Property owners and renters can typically bring actions to recover under several different theories of liability.

Q: Will I have to pay a fee for your review of my case?

There is no charge for Lieff Cabraser’s review of your case.  If we decide we can represent you, we will discuss our contingent fees (calculated as a percentage of the recovery we obtain) and then provide a written contract to be agreed upon.

Q: Who should sue?

For the San Bruno fire, persons with injuries or losses should consider bringing an action against PG&E and other potentially responsible parties who may be later identified by various investigations and/or fact revelations.

Q: How long will a lawsuit take?

We cannot give any guarantees as to when any case will be resolved. In some instances, a case will settle to our client’s satisfaction shortly after it is filed, or perhaps even before. In other cases, a final resolution may take two years or more.

Lieff Cabraser works swiftly and efficiently to obtain the maximum compensation for our clients and to bring each case to a successful conclusion as quickly as possible, while at the same tine ensuring that all legal steps are vigorously pursued.  We do not charge our clients hourly fees and earn no compensation for ourselves until you receive your recovery.

Q: How do I select an attorney to represent me?

In deciding on representation, families should seek a lawyer that has substantial experience in successfully handling similar cases.  It is important not only to verify the reputation and experience of the law firm as a whole, but to be sure that your case will be handled by lawyers with appropriate experience.  You should choose a law firm with substantial financial resources to conduct a thorough investigation to prosecute the case through trial and appeal if necessary.

Q: What recovery will I receive?

If the defendant is found liable, you are entitled to a judgment that fully compensates you for your financial loss. If you suffered a personal injury, the defendant is responsible for paying for your medical care, both past and expected, your past and future lost earnings, and compensation for pain and suffering. Your spouse also might be entitled to an award.

If a loved one died, the recovery usually is based on the amount of economic support and services that you lost, plus an amount designed to compensate for the loss of association and affection. We have economists who specialize in evaluating injuries and losses and in calculating the lump-sum amounts necessary to determine a fair monetary compensation for your loss.

Q: Do I need a lawyer?  Why don’t I just contact the defendants and work it out with their insurance company?

It is usually not advisable to try to resolve a case involving complex property losses and/or catastrophic injuries or a death on your own.  Lawyers can be critical to properly evaluate the case and advise you of your rights.  Without counsel, and the experts counsel hires, you may never know the true value of your case.

It is important to understand that a company like PG&E and your insurers employ the services of lawyers who seek to minimize the legal exposure and financial payments that will be made to the victims and families.  In contrast, our duty is to maximize the compensation that can be obtained.  Lieff Cabraser has a solid history of success.