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Fire & Burn Injuries

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Fire & Burn Injuries

Chris Dolan Awarded California Lawyer CLAY Award

Thank you, California Lawyer, for this honor. On December 2, 2016, there was a music and art event in an old warehouse in Oakland. This “artist colony” was an unpermitted space where people were living, and “happenings” took place. About 50-60 people were present when, at around 11:20 p.m., a fire broke out. The building, filled with pianos, wood carvings, tapestries and other combustibles rapidly fed the hungry fire and 36 bright, young, promising free spirited souls were overcome with toxic smoke, couldn’t find their way out through the unlit and unmarked exits, and died in what has become known as the “Ghostship fire.”

Many of the finest lawyers throughout California, who were approached for representation, said there was no way to hold the City of Oakland and PG&E accountable, and turned these cases down. We were undeterred and willing to take on the fight even if they said we couldn’t win. These 36 young adults at the threshold of their lives, along with their grieving families, called out for justice and accountability and we took that call.

This case required all my life experience, education, and decades of “figuring it out.” As a young man, I worked dirty, hot, tiring jobs in construction to fund my studies. As a young lawyer, I renovated two old San Francisco buildings including our Market Street headquarters, learning about electrical systems, transformers, voltage drop, metering, and building/electric  codes involved in old buildings. So much of what I bring to the table is practical knowledge. Mary Alexander and I literally dug through the rubble and I used “old school” methods to understand and map out the faulty electrical services. Using my Georgetown Law degree, I “went into the rabbit hole” for 2 solid weeks and researched the s#!t out of the Oakland Municipal Code, State Fire Code, and CPUC regulations to develop the Complaint against the City and PG&E with Bob Bale. Tom Brandi and Brian Malloy used their decades of public entity law knowledge to doggedly drive the case against the City with several arduous, but successful, trips to the court of appeals.

Mary, Bob, Brendan Way, and I relentlessly pursued PG&E through multiple depositions, and a mountain of documents. Eventually, we found a few key documents, with a few critical sentences, to support our allegations that PG&E had violated the CPUC regulations and knew that multiple businesses were drawing too much power through one meter, making the piecework, often un-permitted, electrical system a tragedy waiting to happen.
I was able to focus our energies, using my practical knowledge, to pull these facts from the ashes and build a case with these great lawyers, and many others, including Bobby Thompson, Sophia Acherman, Jennifer Fiore, and Sandra Ribera-Speed. The Executive Committee, Mary, Tom, Bob, Bobby, and I, never considered defeat an option and, in the end, we honored these 36 beautiful lives, and their families, through accountability. We did what they said couldn’t be done. As Margaret Mead said, ‘Never doubt that a small group of thoughtful, committed citizens can change the world; indeed, it’s the only thing that ever has.

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Resources for Those Affected by California’s Wildfires

Written By: Megan Irish and Christopher B. Dolan

Sarah from the North Bay writes:

Q: “I just heard on the news that my friend’s neighborhood was evacuated for the fires, what can I do to help her, what are the resources available?”

A: Dear Sarah,
I’m so sorry to hear your friend was evacuated. There are a lot of resources; let me point out a few to get your friend started:

California Department of Social Services
California maintains a Disaster Help Center online.  This site has resource guides, both in English and Spanish. They have links for CalWORKS, which is an assistance program for families with children in the home, and CalFresh, which helps with funds for food. If your friend was already receiving these benefits and had to abandon their home (and their pantry), there are resources for, “replacement,” benefits, too. If your friend doesn’t think she normally would qualify for the benefits, she should still check it out. There are special circumstances when disasters happen, and families who may not typically receive benefits could qualify for assistance for a short time during the disaster period. There are also resources for housing administered by the local county if your friend needs a place to stay. Additionally, you can find a link to unemployment services there. Since many folks are displaced from their work in these fires, or perhaps their employer has themselves displaced or the business is closed, your friend may need financial assistance for a time. Your friend also could look into California’s State Supplemental Program (SSGP), which may be able to provide assistance.

California Department of Motor Vehicles
The DMV is assisting fire victims who need replacement documents from the DMV free of charge. If your friend needs DMV documents, they should reach out to the local field office, call 1-800-777-0133, or online. Being evacuated can be a really stressful time. If your friend is experiencing any emotional distress, and needs to talk to a professional, there are counseling services available. The Substance Abuse and Mental Health Services Administration (SAMHSA) has a Disaster Distress Helpline that provides 24/7,365 resource available for any human caused or natural disaster. The helpline can be reached at 1-800-985-5990 or text TALKWITHUS to the number 66746. 

California Department of Insurance
Your friend will also likely need to reach out to his or her insurance providers. A good resource is the California Department of Insurance; it has a guide to expedite the recovery process. It can be found here. The website has “evacuation checklists” for policyholders, as well as top ten tips for claimants, and insurance company contact lists. There are also links for in-person help centers, called “Local Assistance Centers” which are typically located in the heavily affected counties. Right now, there are centers in Santa Cruz, Monterey and Solano. There is also a link to success stories. In your friend’s time of turmoil seeing that there are so many resources available may be reassuring. 

Red Rover
If your friend has pets, there are other resources available throughout the State, too. A good resource with numerous links is Red Rover. It groups resources geographically throughout the state. This site also has resources for first responders who may need help caring for their pets while they are working, plus, it even has a financial assistance link for families who need help getting their pets veterinary care. 

CalFire
Most counties’ websites will be a primary resource for people evacuated like your friend. For example, Napa County has an assessment map, evacuation map and live cameras (showing vistas all over the state) on their website. People affected by the wildfires should check out their county resources. 

Cal Fire has a site with information about both federal agencies and local counties. The California Community Foundation also has a website dedicated to the Northern California Wildfire Relief. The federal government also has a website with a lot of links.  Your friend can find it here. The federal site has links for mortgage and rental relief as well as help with food and bills.

Red Cross
Finally, there is the National Red Cross. The Red Cross has hundreds of resources and links for people affected by the wildfires, and an app that can be downloaded for smartphones. The Red Cross also has resources on how to prevent fires.  When your friend gets home, they can reassess their property and decide if they have a good defensible space surrounding their home, and they can evaluate whether their plant choices are fire resistant. The site includes suggestions on spacing out plants so fire won’t jump between them, as well pruning trees, mowing grass and removing any dead vegetation to remove fuel. 

I hope your friend gets home soon, and that their home is in good condition. I hope these resources are helpful in the meantime. 

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Increased Fee In Utility Bills May Come To PG&E Customers Due To North Bay Fires

This week’s column expands on last week’s discussion of the implications of CalFire’s recent reports faulting PG&E for a dozen of last October’s wildfires. While last week I focused on the ramifications for direct victims of the firestorm, this week I will look at the broader impacts to the California public. Sadly, this topic feels more timely than ever as Northern California’s first major wildfire of year continues to burn out of control since it began in Lake County on Saturday.

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CalFire Investigators June 8th Report Explained

Alexis writes: I live in Napa County and my property was damaged in the Atlas Fire last October. Thankfully, we’re alright but we wonder whether we should join one of the many lawsuits against PG&E to recover some of our losses. I saw that CalFire recently released its second report finding PG&E responsible for several of the fires, including Atlas, and was hoping you could give me a sense of what the report means for fire victims.

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Who’s Responsible For Maintaining Hazardous Conditions To Power Lines?

Today’s question comes from Tom M. in the Excelsior District who asks, “My parents own a home in Santa Rosa. It burned down in the fires last week. I have heard that PG&E may have known that there were dead branches or sparking transformers and that they didn’t care for their lines and that may have started the fire.  What is my parent’s recourse if this is true.”

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The Ghost Ship Fire: What Next?

This week’s Article provides a brief update on the goings-on of the civil lawsuits filed as a result of the Ghost Ship Fire on December 2, 2016.

What was the Ghost Ship Fire?

On December 2, 2016, a fire broke out in a “warehouse” located off of Fruitvale Avenue in Oakland, California. At the time of the fire, the “Ghost Ship” was host to a concert promoted by record label 100% Silk.  Thirty-six (36) people died in the blaze. It was the deadliest building fire in California’s history since the 1906 San Francisco Earthquake.

Several individuals have come forward with claims for physical, mental and emotional injuries caused by the fire, and/or on behalf of their loved ones who perished in the fire.

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Attorney Chris Dolan Calls For Criminal Charges To Be Brought Against Ghost Ship Warehouse Owner

Ghost Ship fire attorney lawsuit

 

On June 5, 2017, Ghost Ship master tenant Derick Almena and his second-in-command, Max Harris, were arrested and charged with 36 counts of involuntary manslaughter in conjunction with the December 2, 2016, Ghost Ship fire that killed three dozen people. “The paying guests at the event were faced with a nearly impossible labyrinth of the defendants’ making to get out of that building,” said Alameda County District Attorney Nancy O’Malley at a news conference. “Almena and Harris’ actions were reckless and they created the high risk of death.”

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Ghost Ship Fire Lawsuit News: Deadline For Claims Against City, County & State Approach

Oakland warehouse fire, Ghost Ship fire
1305 31st Avenue at International Boulevard in the Fruitvale neighborhood was the location of the fatal Oakland warehouse fire

On the night of Friday, December 2, 2016, 36 people perished, almost all young adults, and many more suffered physical and psychological injuries in a horrific fire that consumed the Ghost Ship building in the Fruitvale District of Oakland. The fire started near midnight during an electronic music show in the converted warehouse. It was the deadliest structural blaze in California since the 1906 San Francisco earthquake and fire.

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A Lesson From Ghost Ship Tragedy: End Fire Department Inspection Immunity

Oakland warehouse fire
1305 31st Avenue at International Boulevard in the Fruitvale neighborhood was the location of the fatal Oakland Ghost Ship warehouse fire.

My heart, and those of the entire Bay Area, go out to the families and friends whose loved ones died at the Ghost Ship on December 2, 2016. The horrific inferno at the converted, two-story warehouse constitutes the deadliest structure blaze in California since the 1906 San Francisco earthquake and fire.

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Reflections On The Devastating Oakland Warehouse Fire

Oakland warehouse fire

Nearly a year and a half ago, the Bay Area was rocked by the senseless deaths of six young people who died in the collapse of an apartment balcony in Berkeley. Last Friday night, we experienced another tragedy affecting young people, though with a far greater loss of life. My heart, and those of the entire Bay Area, go out to the families and friends whose loved ones died in the horrific Oakland warehouse fire.

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