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Challenges of proving standing and causation in California wildfire-related death and illness claims

In California, recovery for wildfire-related harm requires both proof of standing and a causal link to the defendant’s conduct.

California’s wildfires have produced devastating losses, including fatalities, respiratory illness and long-term health impacts for those exposed to them. Impacted victims and their families frequently seek compensation from those believed to be responsible. California law provides multiple legal remedies—including causes of action for negligence, wrongful death, public nuisance, inverse condemnation and product liability—but the right to pursue these claims, ab initio, depends upon two prerequisites: proving standing to bring the claim in the first instance and establishing causation between the wildfire and the claimed damage or injury. 

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This website is not a solicitation for business. All content on the JAMS website is intended to provide general information about JAMS and an opportunity for interested persons to contact JAMS. The content of this website is not offered as legal advice or legal opinion and it should not be relied upon for any specific situation.  JAMS neutrals are not engaged in the practice of law and no attorney client relationship is intended.  This website is for informational purposes only and does not constitute a complete description of JAMS services. While JAMS endeavors to keep the information updated and correct, JAMS makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, or reliability of the information contained in this website. 

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