In an innovative lawsuit against landowners, a grieving father Harold Wells seeks accountability claiming the unchecked invasive grasses contributed to Hawaii's devastating wildfires.
The father of a woman who lost her life in the Hawaii wildfires last month has initiated an innovative lawsuit against three prominent landowners. His aim is to hold them accountable, despite their non-involvement in igniting the fire and the fact that the blaze originated on land not under their ownership.
Harold Wells, hailing from Arizona and the grieving father of 57-year-old Rebecca Rans, who died in the destructive Lahaina blaze, argues that the property owners should bear responsibility for damages. This claim arises from their permitting invasive species of towering grasses to proliferate unchecked on their land. These invasive grasses created a dense fuel source near the historic town, which experts have indicated played a more significant role in propagating the fires than factors such as elevated temperatures or hurricane conditions.
The lawsuit alleges that when flames, ignited by power lines knocked down by the wind, reached the defendants' properties, it triggered a massive fire that consumed residences, businesses, and escape routes
If this lawsuit proves successful, it may establish a precedent for holding property owners accountable during a period of increasing wildfire risk due to climate change and a rising population residing in proximity to wilderness areas, according to legal experts.
In a legal action filed in Wailuku's state court, Wells initiated lawsuits against the government bodies of Hawaii and Maui County, as well as Kamehameha Schools, previously known as the Bishop Estate, the largest private landowner in Hawaii.
David Minkin, who serves as legal counsel for Maui County, informed Reuters that the wildfire only minimally, if at all, impacted their land. The Wells case marks a significant legal precedent by contending that maintaining extensive amounts of dry vegetation in a fire-prone region constitutes an "inherently hazardous activity," comparable to storing explosives.
If Wells' legal team successfully establishes that the dry grass conditions around Lahaina indeed meet this legal threshold, the property owners may be held "strictly liable." This would mean that Wells would not need to demonstrate negligence on the part of the defendants or their involvement in starting the fire.
Wells is pursuing unspecified damages, which includes punitive damages, pertaining to funeral expenses and the physical and emotional anguish suffered.