Hawaiian Electric faces lawsuit over deadly Maui wildfires

Hawaii’s main power supplier is facing a class-action lawsuit alleging the company knowingly ignored weather warnings and created the perfect conditions to fuel the Maui wildfires that killed at least 96 people.

Hawaiian Electric Industries, which provides power to 95 percent of the state’s residents, has come under fire over its infrastructure and decision to not cut off power during hurricane-force winds, which critics claim is why Maui’s resort city of Lahaina burned to the ground last week.

A suit was filed Saturday by LippSmith LLP, Foley Bezek Behle & Curtis LLP and Robertson & Associates LLP on behalf of Lahaina residents Monica and Rede Eder and other homeowners whose properties were razed.

The lawsuit alleges that the National Weather Service provided ample warning that active power lines could be knocked down and create or fuel fires as a result of the powerful winds brought in by Hurricane Dora.

The tactic of cutting power under such conditions has been followed by utility companies in California, Oregon and Nevada in the wake of devastating blazes in 2020.

By choosing to keep the power lines active, the Hawaiian power company “caused loss of life, serious injuries, destruction of hundreds of homes and businesses, displacement of thousands of people, and damage to many of Hawaii’s historic and cultural sites,” the lawsuit states.

“Scores of people burned to death. Other victims suffered severe burns, smoke inhalation and additional serious injuries,” the suit adds. “The fire decimated the entire historic town of Lahaina, as homes, businesses, churches, schools, and cultural sites burned to the ground. Only ashes of those structures remain.”

The lawsuit also specifically cites Jennifer Potter, a member of the Hawaii Public Utilities Commission, who allegedly admitted that companies were aware of wildfire risks in Maui nine months ago.

“There was absolutely knowledge within the state and within the electric industry that fire was a huge, huge concern on the island of Maui, and even more so than any of the other islands,” Potter said, according to the complaint.

The lawyers also pointed to a funding request form submitted by Hawaiian Electric last year where “the company sought funding specifically to ‘minimize the probability of the Companies’ facilities becoming the origin or contributing source of ignition for a wildfire.’”

The plaintiffs are seeking unspecified damages and asking the court to force Hawaiian Electric to update and comply with modern emergency policies to avoid another deadly wildfire.

Hawaiian Electric declined to comment on the pending litigation. A rep said in a statement that the company is focusing on restoring power to local communities as soon as possible and supporting state and federal response efforts.

The company added that at this time, officials have yet to determine the actual cause of the fire.

The woes for the electric company come after three law firms investigating the blaze claimed that all fingers pointed to Hawaiian Electric and its subsidiaries.

“All evidence — videos, witness accounts, burn progression, and utility equipment remaining — points to Hawaiian Electric’s equipment being the ignition source of the fire that devastated Lahaina,” Mikal Watts, whose Watts Guerra firm is among three investigating the fire, told Bloomberg.