Hawaiian Electric Faces Multiple Class Action Suits As Officials Work to Determine Cause of Deadly Wildfire

Hawaiian Electric is facing lawsuits from three firms that allege the utility company's equipment ignited the Maui wildfires that have killed nearly 100 people and caused an estimated $6 billion in losses. 

The suits were filed on behalf of survivors Monica and Rede Eder — who lost their Lahaina house to the fires — and other unnamed survivors. The lawsuits claim the destruction "could have been avoided" if the company de-energized its power lines upon learning about the high winds. 

The lawsuits were filed against Maui Electric Company, Limited; Hawaiian Electric Company, Inc.; Hawaii Electric Light Company, Inc. and their parent company, Hawaiian Electric Industries, Inc.

LippSmith LLP, Foley Bezek Benie & Curtis, LLP and Robertson & Associates, LLP filed the cases against the utility company in Hawaii's first circuit court, according to the complaint.

"We have been representing thousands of homeowners across the state of Hawaii for many years now, and we are humbled to represent the victims and survivors of this tragedy," Graham LippSmith, the co-founder of LippSmith LLP, said in a statement.

Four days before the wildfires engulfed the island, the National Weather Service cautioned the public about dangerously-high winds. Despite the warning, Hawaiian Electric did not implement its "public power shutoff plan" which cuts off power at places susceptible to fires when there are high winds.

Jennifer Porter, a former member of the Hawaii Public Utilities Commission, told The Washington Post that Hawaiian Electric has experienced infrastructure issues over the past several years. She said the company’s internal issues as a result of aging infrastructure are likely why it didn’t act on its shutoff plan. 

“They were not as proactive as they should have been,” Potter said about Hawaiian Electric. 

Hawaiian Electric supplies electricity to about 95 percent of Hawaiian residents. 

A spokesperson for Hawaiian Electric told the Post that it’s challenging to achieve the power shutoffs because first responders must be made aware of the plan first. 

“Notifications also need to be made to customers with special medical needs who use specialized equipment,” the spokesperson said. 

The spokesperson also said the company does not have a formal shutoff plan but has a "robust wildfire mitigation and grid resiliency program." The spokesperson also told The Post the company took precautions such as "not enabling the automatic reclosure of circuits that may open during a weather event."

The source of the wildfires remains unknown and is still being investigated, though Hawaii Gov. Josh Green said the dry conditions and dangerous winds were responsible for ferociously spreading the fires.  

The suits allege that Hawaiian Electric had a downed power line at one of its power substations. The site was near the location of an "initial three-acre fire," according to the suits. 

Potter also told The Post that the power lines and poles were in bad shape prior to the fire, but nothing was done to fix them. 

"I think we were all playing on the fact that we got lucky — up until now," she told the newspaper.

The death toll from the wildfire rose to 93 people as of early Sunday, making it the deadliest in U.S. modern history. The number of deaths is expected to rise as crews continue to search debris and wreckage. 

Over 4,500 people are without power on Maui as of Sunday afternoon, according to Poweroutage.us. 

Residents in Lahaina, Maui continue to struggle as the government blocked off roads into the city, NBC reports, making it nearly impossible for residents to receive aid.