Eaton Fire Smoke Damage: Litigation as the Path to Full Recovery

Posted on Aug 28, 2025 by Miranda Gordon

When the Eaton Fire swept through Altadena, the devastation extended well beyond the burn zones. Properties that remained standing were nonetheless contaminated by smoke, soot, and ash. These particulates infiltrated walls, HVAC systems, insulation, and personal belongings leaving homes and businesses unsafe until professionally assessed and remediated. 

Those affected have endured months of displacement, the loss of cherished possessions, and the disruption of daily life. Unfortunately, history shows that Southern California Edison rarely accepts responsibility voluntarily. For many families and businesses, litigation is the only path to full recovery. 

Why Litigation Matters After the Eaton Fire 

Smoke and ash damage extends far beyond surface-level repairs. Comprehensive losses often include: 

·       Extended displacement in hotels or rentals during cleanup 

·       Business interruption for local shops, restaurants, and service providers 

·       Loss of irreplaceable possessions such as family photographs and heirlooms 

·       Emotional and non-economic harms, including stress, anxiety, and disruption of family life, caused by unsafe living conditions 

California law recognizes recovery for harms beyond physical property damage when smoke or ash invades homes or businesses. Courts have held that, in nuisance cases, plaintiffs may recover not only for property value loss but also for annoyance, discomfort, and loss of enjoyment of property.

Litigation ensures victims can pursue these full categories of damages against the utility responsible. 

Regulators Acknowledge the Hazard 

Public officials have confirmed the seriousness of smoke contamination. Los Angeles County presumes Altadena rentals were contaminated and require remediation before re-occupancy.  

The California Department of Insurance and other state agencies have issued guidance on safe re-entry and remediation. But regulatory action alone does not make families whole. Litigation is a pathway to hold SCE financially accountable for the full scope of the harm caused by its equipment and operations.