Overview
The Record
Defended a major utility against wildfire liability claims arising from forest fires in Arizona's Mogollon Rim region. The defense strategy applied Arizona's pure comparative fault and several-only liability framework under A.R.S. §§ 12-2505 and 12-2506 to allocate fault across the multi-party ignition and spread record. A structured settlement framework resolved claims across multiple county jurisdictions, preserved the utility's regulatory standing, and avoided the operational disruption that would have accompanied prolonged contested litigation.
The Wildfire and Multi-County Posture
Forest fires in the Mogollon Rim region produced property damage and tort claims filed across multiple Arizona county jurisdictions. The fire investigation record involved multiple potentially contributing factors, including weather conditions, vegetation management, third-party ignition sources, and infrastructure performance. The dispersed factual record and multi-county procedural posture required a unified defense framework operating across each forum.
Fault Allocation Strategy
Arizona's tort framework operates under pure comparative fault with several-only liability allocation. Under A.R.S. § 12-2505, plaintiff recovery is reduced by the plaintiff's percentage of fault without a bar. Under A.R.S. § 12-2506, defendants are liable only for their allocated share of damages, with joint and several liability abolished. The team built the defense record on three contribution channels.
- Third-party conduct: documented the contribution of vegetation management responsibilities held by other landowners and forest service agencies to the fire ignition and spread.
- Weather and environmental factors: developed expert evidence on drought conditions, wind patterns, and fuel loads as material non-party contributions to the fire's progression.
- Infrastructure performance: established the operational record of the utility's equipment and the absence of conduct supporting a substantial allocation of fault to the client.
Settlement Resolution
The team coordinated with the utility's insurance carriers to develop a structured settlement framework that operated consistently across each county jurisdiction. The settlement allocated payment under Arizona's several-only liability framework and addressed the substantive claims without further contested litigation. The result preserved the utility's regulatory standing in Arizona and resolved exposure across the multi-county docket within a single coordinated framework.
Engagement Details
The Record, at a Glance
Every matter carries its own record: where it was heard, how long it ran, what it resolved. What follows are the specifics of this engagement, not a template for what another matter might yield.
- Outcome
- settlement
- Resolution
- Resolved Arizona wildfire liability claims against a major utility through a structured settlement framework. The defense applied Arizona's pure comparative fault and several-only liability framework under A.R.S. §§ 12-2505 and 12-2506 to allocate fault across the multi-party ignition and spread record, preserving the utility's regulatory standing while resolving claims in multiple county jurisdictions.
- Geography
- AZ, US
- Resolved
- June 19, 2025
- Duration
- 30 months
- Attorneys
- Patty Hewes
Past results do not guarantee, warrant, or predict a similar outcome in any future matter. Every engagement is unique and must be evaluated on its own facts and circumstances.
Every fire has its own record
Wildfire Exposure Questions
Fault allocation in a wildfire matter turns on the specific ignition and spread record, the jurisdictions involved, and the parties who share responsibility. Our Wildfire Litigation team works through that record case by case.