Previous Incidents at the Battery Facilities at Moss Landing

There have been multiple incidents in the battery facility.

On September 4, 2021 and February 14, 2022, fires occurred at the Vistra plant as a result of malfunctions of the fire sprinkler system. Investigations showed that the fire sprinkler system released water and caused several of the battery units to overheat, causing the fire.

On September 2022, there was a fire at the PG&E Elkhorn battery plant. Investigations showed that the fire was caused by an improperly installed vent shield, which allowed rainwater to get in and cause the batteries to short out.

These incidents resulted in Governor Newson signing a law requiring California battery storage plants to create emergency response plans with local fire departments and increase their fire safety.

Lithium-ion battery fires occur when the batteries overheat, either due to damage, issues with charging, or exposure to extreme temperatures, for example, resulting in chemical reactions that release flammable gases and can lead to fires/explosions. These fires can be very dangerous because they cannot be controlled with normal or traditional firefighting methods – and they can even reignite even after they have been extinguished.

In addition, these fires release toxic fumes, including hydrogen fluoride, phosphorus pentafluoride, and phosphoryl fluoride, for example. Those exposed to these toxic fumes could suffer significant harm, as fumes can potentially lead to chemical burns, lung damage, respiratory distress, asphyxiation, and more.

Can I File a Lawsuit?

Yes – if you were injured as a result of a lithium-ion battery fire, you could have grounds to file a lawsuit. You could also be entitled to receive compensation. If you were affected by a fire at any of the Moss Landling battery plants, you could have grounds to file a lawsuit. In the case of the latest fire, affected individuals could have grounds to file a lawsuit against Vistra Energy – given that the investigation concludes that the incident occurred because of the company’s negligence.

Based on the details surrounding the incident and the resulting harm, you could have grounds to file an injury claim, wrongful death claim, or property damage claim (including claims for burn damage or smoke and ash damage). You could even have the right to participate in a class action lawsuit. For more information about the legal options available to you and your right to file a lawsuit, please do not hesitate to reach out to our attorneys here at our law firm as soon as possible.

You could be entitled to receive compensation. Based on the type of claim that you pursue and the details surrounding the claim, you could be potentially recover some of the following forms of compensation:

• Medical costs
• Lost earnings
• Pain and suffering
• Funeral and burial costs
• Loss of consortium
• Property damage
• Legal costs

You can trust that our legal team is fully committed to fighting for your right to recover the maximum payout available – whether that means negotiating a settlement or taking your claim to litigation to reach a verdict. For details on the estimated value of your lawsuit, contact us today for a free case evaluation.